of Employment T ribunals Rustom T ata, Rebecca Thornley Gibson - - PowerPoint PPT Presentation
The changing landscape of Employment T ribunals Rustom T ata, Rebecca Thornley Gibson and Gary Self, 3 Pump Court Chambers, T emple WWW.DMHSTALLARD.COM Employment T ribunal Roadmap Have you had a hearing which was due to take place
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Easter 2020 cancelled/converted to a case management hearing? Poll
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Poll
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Sets out framework for remainder of 2020 New technology Grading of cases
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150 ‘hearing’ licences Gradual training of EJs and Lay Members Current hybrid approach – T eams and Skype
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Short track – money claims, SRP , notice Standard track – unfair dismissal (EJ sitting alone) Open track – discrimination, whistle-blowing
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June, July/Aug, Sept/Oct, Nov/Dec Initial focus on case management, judicial mediations and priority hearings Gradual reintroduction of in person hearings and open track cases
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Practicalities
echnology needs to work for all
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Electronic Bundles will need greater pre hearing focus Different approach to giving evidence and cross examination? Adjournments and taking client instructions during the hearing
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Issued 22 April 2020 to all tribunals in England and Wales Need to have regard to it as part of the “overriding objective” Who can be a vulnerable party? How will vulnerability be determined?
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Responsibility of the respondent employer to identify a vulnerable party at an early stage What impact will it have on proceedings and litigation approach? Range of factors to consider in deciding if “Ground Rules” or
Range of measures and adjustments that could be made
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Stretched Administratively light Time between issue of claim and first hearing increasing
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More claims expected due to furlough, redundancy, pay cut decisions T ypes of claims expected to increase:
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Risk of higher financial awards due to high unemployment Longer wait for hearings Gamble on when to settle Will your witnesses still be available in 12/18 months? T urn to alternative forms of dispute resolution Will tribunals be more tolerant with respondent decisions due to Covid-19 pressures?
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Law Commission Recommendations Not a full blown review Focus on anomalies, efficiency, over-separation
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Limitation period – increase to 6 months across all jurisdictions ‘Just and equitable’ test where extension is sought Working time declarations by ET Equal pay claims – presumption of ET (not pension claims)
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Breach of contract claims limit to be increased to £100k Breach of contract claims while still employed Workers could also claim Unlawful deductions and set off reform ET s to apply s1 statement terms
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Contribution as between respondents in discrimination claims More effective enforcement mechanism – but not through ET system
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Ministerial response – Autumn 2020 ?Legislation – Spring 2021