In November 2011, Mr Justice Underhill, former President of the Employment Appeal Tribunal was invited by the Government to lead a fundamental review of the rules of procedure for Employment Tribunals.
Mr Justice Underhill’s review was published on 11th July. The Government has now launched a 10 week consultation on the substance of his recommendations. The Consultation paper was published on 14 September 2012 and the consultation closes on 23 November 2012.
The Consultation seeks views amongst other things on:
- New Presidential guidance which will provide all parties with a better idea of what to expect and what will be expected of them at tribunal.
- An initial sift stage at which every case will be reviewed by an employment judge after the claim form and response have been received and whether or not this will improve case management early on in the tribunal process.
- The combination of case management discussions and pre-hearing reviews into a single preliminary hearing and whether or not this will create practical problems.
- The removal of the £20,000 cap on costs assessed by a tribunal.
- A stand alone rule (included in the proposed new rules) requiring employment judges to further encourage all parties to consider alternative dispute resolution outside the tribunal system and whether or not this will encourage parties to resolve their workplace disputes.
For more information on this please contact us on 01483 303636.