Employment tribunals rules review published
Mr Justice Underhill has presented his findings from his review of the employment tribunal rules to the Government.
The review makes a number of recommendations that aim to streamline the process, improve understanding and cut costs, which include:
- An early paper sift meaning weak cases submitted that should not proceed are managed more effectively. This will ensure that employment judges are considering the file earlier in the process, and dismissing any claims where there is no arguable complaint or response.
- Combining separate case management discussions and pre hearing reviews. This will ensure there is one consideration of the claim prior to a hearing, known as a preliminary hearing which may aid a quicker resolution for some disputes.
- New ‘Presidential guidance’ will seek to give all parties in a dispute a much better idea of what to expect from the Tribunal process and equally, what is expected of them. This will help parties consider alternatives to resolving their disputes outside of the tribunal process, such as independent mediation. In addition, the guidance will seek to ensure that employment judges across the tribunal service are managing cases in a consistent manner, providing clarity to all parties.
- A change to the withdrawals process meaning when one party ends the dispute at tribunal the other does not have to signal their intention to end the claim. At the moment when a claimant decides that they no longer wish to pursue a case against their employer, the case will not be closed until the employer has made an official application.