Fees for Employment Tribunals

July 2013

Whilst the requirement for employees to pay a fee before starting proceedings in the Employment Tribunal should make employees without a case think twice before doing so, it may also mean that genuine employees are likely to be less inclined to challenge unfair treatment, discrimination or harassment in the workplace, due to this new financial barrier.

We will continue to support our clients who find themselves in a vulnerable position in the workplace and look to alternative solutions to tribunals, including mediation, where possible.

Read more about the fees on the BBC News website here.

Employment Updates - July 2013

 

 

Fees Payable in the Employment Tribunal - Reminder

 

Just a quick reminder that as from Monday 29 July 2013 fees are payable to present a complaint to the Employment Tribunal.  For a complaint of unfair dismissal, the fee to issue the proceedings is £250, with a further fee of £950 payable in advance of the hearing.  These fees are payable by the employee unless they qualify for remission.  If the complaint is upheld, however, it is likely that the employer will be ordered to repay the amount of these fees to the employee.    

 

New employment tribunal rules of procedure also come into force on 29 July 2013. 

 

 

Unfair Dismissal Cap

 

From Monday 29 July 2013 the maximum compensatory award payable for a successful complaint of unfair dismissal changes to £74,200 (the current limit) or one year’s pay, whichever is the lower. 

 

 

Pre-Termination Negotiations

 

Confidential pre-termination negotiations come into force on 29 July 2013.  From this date, employers can make offers of settlement to employees even where there is no current dispute and these offers cannot be used as evidence in cases of ordinary unfair dismissal (unless there was some ‘improper behaviour’ by the employer). 

 

Also from 29 July 2013 Compromise Agreements are re-named “Settlement Agreements”. 

 

ACAS has published a Code of Practice to accompany the above, which can be found at:

 

http://www.acas.org.uk/media/pdf/j/8/Acas-Code-of-Practice-on-Settlement-Agreements.pdf.

 

 

Sickness & Holiday

 

Currently, employers have to provide workers with 5.6 weeks’ paid holiday, which is made up of 4 weeks’ ordinary leave and 1.6 weeks’ additional leave.  Although workers should be allowed to carry over the 4 weeks’ ordinary leave to the next leave year if they are unable to take holiday due to sickness, the Employment Appeal Tribunal has recently ruled that the 1.6 weeks’ additional leave does not carry over automatically in the absence of any agreement between the parties.  The case in question is Sood Enterprises v Healy [2013] UKEAT