Consultation on new tribunal rules and dispute resolution regime
The Government has commenced consultation on alterations to employment tribunal rules and other secondary legislation, primarily to implement the impending changes to the dispute resolution regime, but also to make a number of drafting improvements.
As far as transitional arrangements for the new dispute resolution regime are concerned, after consultation with the Tribunals Service and Acas, the Government is proposing that:
- the new regime will commence on 6 April 2009;
- the current dispute resolution regulations will continue to apply in cases where the act leading to the grievance has started or taken place and/or the employer has contemplated taking or started disciplinary action prior to 6 April 2009;
- the new regime will apply to in cases where the act leading to the grievance has started or taken place and/or the employer has contemplated taking or started disciplinary action on or after 6 April 2009.
The Government is also proposing to introduce new procedures for determining cases in a limited number of jurisdictions ‘on paper’, without a hearing, with the informed consent of both the parties and where an employment judge considers it appropriate. The eligible jurisdictions would be: unlawful deductions from wages, breach of contract, redundancy pay, holiday pay, and national minimum wage. Claims that combine these jurisdictions with others outside the list would not be eligible for determination without hearing.
Consultation closes on 26 September 2008. The consultation document, entitled ‘Dispute Resolution – Secondary Legislation Consultation’ can be accessed at:
http://www.berr.gov.uk/files/file46775.pdf
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
