26 July 2013 #Employment
As previously mentioned on Employmentbuddy, there are six procedural employment law changes coming into effect on Monday, 29 July 2013.
Tribunal fees. For the first time, claimants will have to pay fees to bring employment tribunal claims. See our new factsheet Employment Tribunal Fees.
Tribunal rules. The rules of procedure in employment tribunals have been overhauled, the most important change being the introduction of a “judicial sift” system. This requires the employment judge (again for the first time) to consider the merits of the case once a claim has been filed and gives the power to the judge dismiss a claim or an employer’s response without the need for any hearing – if the claim or response has no reasonable prospect of success.
See our new factsheet Main changes to Employment Tribunal Rules plus amended guidance note Employment Tribunals.
Unfair dismissal award – new statutory cap. The unfair dismissal compensatory award limit will become the lower of the statutory cap (currently £74,200) or one year`s gross pay (52 weeks pay, a week’s pay calculated according to the usual statutory rules). See Facts and figures.
Pre termination negotiations. If an employer makes an offer of a negotiated settlement before a dismissal, this will now be inadmissible in any subsequent unfair dismissal proceedings unless there has been improper behaviour. There is also a new statutory Acas Code of Practice on Settlement Agreements. See new factsheet Confidential Pre-termination Negotiations and Settlement Agreements.
“Compromise agreements” renamed “settlement agreements”
New employment tribunal forms. These are being published on Monday 29 July 2013 and come into effect from Thursday 1 August 2013. See Main changes to Employment Tribunal Rules.