Summer Changes To Employment Law

Under the Enterprise and Regulatory Reform Act 2013, there are some major changes to employment legislation that will come into place in June/July 2013.
 

By the end of July, the new Employment Tribunal Rules of Procedure take effect.

The most important of these are:-

• A new sift stage – both the claim (ET1 form) and response (ET3 form) will be reviewed by an Employment Judge.  Weak cases will be struck out if they have no reasonable prospects of success.

• For the first time, claimants will have to pay a fee of either £160 or £250 depending on the nature of the claim to lodge their claim in the Employment Tribunal, and then a further fee of either £250 or £950 before the hearing can proceed.

• The cap on unfair dismissal compensation will be changed to the lower of £74,200 or a year's salary.
   
• From July compromise agreements will be known as settlement agreements.
   
• Also, revised claim forms (ET1s) and response forms (ET3s) are going to be introduced.  Significantly, for the first time the claimant will be required to list the financial compensation sought, together with the basis of calculation.

For all the above reasons, it is important for both claimants and respondents to take specialist employment advice from a solicitor in order to:-

• ensure their claim is correctly drafted so as to minimize the possibility of it being struck out by an Employment Judge at the sift stage.

• ensure that the compensation sought is accurate, and the calculation is clearly set out.

• Obtain a clear idea of the prospects of success at an employment tribunal

• Obtain a clear idea of the likely costs not only regarding Employment Tribunal fees, but also legal costs.

If you think you have a claim for unfair dismissal or you are considering taking your employer to a tribunal, please contact our Tunbridge Wells employment solicitors for advice.

National Solicitors 

Employment Advice Tunbridge Wells