LTB 281/12 CHANGES IN EMPLOYMENT TRIBUNAL PROCEDURES

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Letter to Branches




No. 281/2012
Ref AJR/cf
Date16th April 2012



To : All Branches


Dear Colleagues

Re : CHANGES IN EMPLOYMENT TRIBUNAL PROCEDURES


Further to LTB/176/2012.

The following changes have now come into force as a result of changes to the legislation commencing the 6th April 2012.

ALL UNFAIR DISMISSAL CLAIMS NOT LINKED TO DISCRIMINATION OR OTHER COMPLAINTS REQUIRING A FULL TRIBUNAL

Claims for unfair dismissal will now be heard by Judges sitting alone. This applies whether or not there are also claims for payment of wages, notice pay, holiday pay, redundancy or sick pay, but not if there are also discrimination claims based on a detriment suffered on some other protected basis. A single Judge will hear the unfair dismissal case unless you are specifically notified otherwise after the 6th April 2012.

THE FOLLOWING CHANGES APPLY TO ALL EMPLOYMENT TRIBUNAL APPLICATIONS

Fees: The proposal to introduce charges in the Employment Tribunals and Employment Appeal Tribunal is still be considered by the government. The formal consultation closed on the 6th March 2012 and we are now awaiting the government’s response. For the time being it is still free to submit a claim.

Deposit Orders: The amount a Tribunal can now order a Claimant to deposit up to £1000 if he or she wishes to proceed with a case which the judge regards as having little reasonable prospects of success. Prior to 6th April 2012 maximum amount was £500.

Witness Statements: Witness statements will now be taken as read i.e. the witness will not have to read them aloud at the Tribunal – unless the judge directs otherwise.

Costs: The Tribunal can now order a party to pay up to £20,000 (an increase from £10,000) if the party has behaved vexatiously, disruptively or abusively, etc. A paying party can also now be required to pay a witness in respect of some or all of that witness’s expenses incurred in attending the Tribunal.

NB : The above changes do not apply in Northern Ireland/Isle of Man and Channel Islands.

Further reports will be given to Branches detailing future changes. Up to date information will be published on the Legal Services website on our return from Annual Conference.







Employment Law Update – Fringe Meeting Annual Conference

Please note this will be held at the Meyrick Suite, BIC at lunch time on Monday 23rd April 2012.

Refreshments will be provided at this event.

If you have any enquiries regarding the above then please do not hesitate to contact Tony Rupa, Head of Legal Services, Communication Workers Union, 150 The Broadway, Wimbledon, London, SW19 1RX. Email trupa@cwu.org



Yours sincerely







Tony Rupa
HEAD OF LEGAL SERVICES