Member Article

The tribunal tide is turning

A tribunal expert claims the tide is changing – and for a change for the benefit of employers.

Paul Hargreaves, from County Durham law group Hewitts Solicitors, says we’re heading for a “real sea change” in employment law.

Last week, lawyers arguing against the introduction of fees for taking cases to employment tribunals have lost their bid to block the move.

While a full hearing is planned for later in the year, lawyers warn that there is continuing uncertainty for those wanting to use the employment tribunal and appeal systems.

The fees, which are being introduced from July 29, start from a minimum of £160 and go up to £950 for an individual taking a dismissal case to a hearing.

For groups of workers, the fee scale goes up to £5,700.

Mr Hargreaves said: “Historically about 20% of claims issued in the Tribunal proceed to a hearing.

“Of the rest, many employers take a pragmatic view and reach an out of court settlement with the employee as a more cost effective alternative.

“This, some employer organisations have argued, enables many weak claims to go unchallenged because the system had become too expensive for employers to argue their case.

“However, it appears the tide is now turning for employers with the rules governing claims in the Tribunal about to change in ways which should ultimately benefit them.

“From this summer, every claim filed at the Tribunal will be reviewed by a Judge who can reject it or part of it if the Judge thinks the claim is unlikely to succeed.

“If a claim is accepted after this initial review, there will be a second review after the employer’s response has been received.

“There is, therefore, an opportunity for employers to highlight any elements of the employee’s claim that they regard as weak.

“For weak claims the Tribunal may order the employee to pay a deposit as a condition of proceeding.

“Employees will also now have to pay an issue fee on starting their claim and another fee before the hearing itself.

“This could represent a real sea change in employer and employee dispute resolution.”

This was posted in Bdaily's Members' News section by Martin Walker .