The main points of the new employment tribunal procedural rules

Following up recent coverage by Employee Management Ltd (http://www.employeemanagement.co.uk) of commencement dates for the provisions of the Enterprise and Regulatory Reform Act 2013, there is also news to share with HR support clients on the publication of The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.

These regulations arise from Underhill LJ's (then Underhill J) fundamental review of employment tribunals last year, with the key points including further details on the workings of the tribunal fees. Recipients of HR advice should especially note that a Claim Form will be rejected by a tribunal if the fee or a remission application does not accompany it. The hearing notice sets out the due date by which the hearing fee is to be paid, and if this date is missed by the Claimant, then they will receive a letter from the tribunal giving a deadline for payment of the fee or the making of a remission application, in lieu of which there will be a dismissal of the claim without further order.

If the fee is paid or remission application made after the passing of this deadline, then there is discretion to reinstate the claim. Elsewhere in the regulations, HR services clients will also notice important changes to the rules relating to default judgements. These include the Tribunal no longer automatically issuing a default judgment if a Response has not been received by the 28-day deadline with an Employment Judge instead deciding whether the Claim can be determined from the information already provided and the extent to which the Respondent in question should be permitted to participate in any future proceedings.

There will also be an initial paper sift of all Claim Forms and Response Forms by an Employment Judge, who will check whether there is an arguable claim and defence. If the Judge does not deem there to be an arguable point, then the right exists for written submissions to be presented arguing against the dismissal of the Claim or Response.

Nomenclature and practice also see several changes, including the merger of 'case management discussions' and 'pre-hearing reviews' into 'preliminary hearings'. Employment Judges will also be given more case management powers, with specific provisions relating to ‘unless orders’ and the power even given to conduct a hearing by email.

Finally, those individuals and organisations seeking employment law advice should also note the changes to cost rules, including the power for detailed assessments of costs to be carried out by employment judges, removing the £20,000 cap.

Our employment law specialists here at Employee Management Ltd are able to advise you on the effects of these latest changes, and can even provide excellent employment tribunal representation. Visit http://www.employeemanagement.co.uk for more information.

Editor’s Note: Employee Management Ltd (http://www.employeemanagement.co.uk) are represented by the search engine advertising and digital marketing specialists Jumping Spider Media. Email: info@jumpingspidermedia.co.uk or call: +44 (0)20 3070 1959 / +34 952 783 637.