Government Publishes Consultation Response On Revised Tribunal Rules
On 14 March 2013, the Government responded to its consultation on the revised Employment Tribunal rules of procedure, originally set out by Mr Justice Underhill.
Amongst other things, the response confirms that:
• It is considering producing a step-by-step guide, largely aimed at those unfamiliar with the Tribunal system and who represent themselves;
• Withdrawal of a claim will usually lead to it being dismissed formally by the Tribunal; and
• Research will be undertaken looking at how many Tribunal awards go unpaid.
On the same day, the Government also announced that the new Employment Tribunal rules of procedure will be laid before Parliament in Spring 2013, before they come into force in the summer as opposed to April as previously suggested.
This delay is designed to result in the rules coming into effect at the same time as Employment Tribunal fees are introduced, along with a number of other proposals that can be found in the Enterprise and Regulatory Reform Bill which is currently passing through Parliament.
The Government produced a helpful timeline setting out the Employment law reforms that have already taken place, and an update on the dates when further reforms are expected to come into effect, as summarised below:
• Spring 2013:
o New Employment Tribunal rules published
o Collective redundancy consultation period reduces from 90 to 45 days
• Summer 2013:
o Tribunal fees introduced
o Portable online DBS (previously, CRB checks) introduced
o 12 months’ cap on unfair dismissal compensatory awards comes into effect
• Autumn 2013:
o “Employee Shareholder” status introduced (‘rights for shares’)
o TUPE Regulation Reforms take place
• Spring 2014:
o ACAS Early Conciliation introduced
o Right to request flexible working extended to all employees (who have 26 weeks service)
o Introduction of Employment Tribunal penalties
• 2015:
o Introduction of shared parental leave proposals