Late July implementation for employment tribunal fees

Regular readers of the blog of HR services specialists Employee Management Ltd (http://www.employeemanagement.co.uk) will have recently learned of the late June date on which most of the provisions concerning whistleblowing from the Enterprise and Regulatory Reform Act 2013 come into force. In a letter to stakeholders issued in late May, however, it was also confirmed by HM Courts & Tribunal Service that fees will be implemented into employment tribunals (ET) and the Employment Appeals Tribunal (EAT) from Monday 29th July 2013.

The news should be noted by anyone who may have reason to seek employment tribunal representation in the future. That's because, subject to the required approvals from Parliament, this is the date from which a fee will be charged for all ET claims and EAT appeals, as per the Fees Order and supporting rules. Alternatively, an application for fee remission against that fee may be provided under the remissions scheme of HM Courts & Tribunals Service.

However, that is not the only important news in relation to the commencement dates for the Enterprise and Regulatory Reform Act, of which many of those individuals receiving employment law advice should be aware. That's because for any tribunal claim presented on or after 25th October 2013, the provisions relating to financial penalties on employers will also take effect.

This means that from that date forward, where an employment tribunal reaches the conclusion that the rights of any worker (not necessarily employee) have been breached by an employer, and it considers that there is any "aggravating factor" in the breach, then it may order the employer to pay the Secretary of State a penalty of between £100 and £5,000. If the penalty is paid within 21 days of the decision of the tribunal being sent to the employer, then it is halved - akin to a parking fine.

These legislative changes have already been the subject of much discussion among HR training providers and clients, with the remission rules for employment tribunal fees being complicated, and similarly confusing rules also applying to the provisions relating to financial penalties on employers where there are several claims involved. Questions have also arisen as to what constitutes an "aggravating factor".

Many of those affected by the answers to such questions will be increasingly asking them to HR advice specialists like Employee Management Ltd (http://www.employeemanagement.co.uk) over the coming months. As a major provider of employment law, recruitment and HR support services, we are happy to respond to any queries that you may have about how the new legislation may impact on your organisation.

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.