Early Judicial Assessment

The President of the Employment Tribunals in England and Wales has published Presidential Guidance on a new process for the early judicial assessment of the merits of a claim. The intention is to assist and encourage the early settlement of employment tribunal litigation.

This will be a confidential and voluntary process, whereby an employment judge will make an initial assessment of the strengths and weaknesses of the parties’ cases, at a case management hearing. The judge will play no further part in the hearing of the merits of the case, if it proceeds to a full hearing.

Provided both parties consent to the assessment, it will only take place after the issues in the case have been fully clarified and case management orders made. There will be no hearing of any evidence and the process will be conducted with a view to assisting eventual settlement.

Brexit – implications for employment law

The House of Commons library has published a useful briefing paper on the potential employment law implications arising from Brexit.

The paper explains how EU law is incorporated into domestic legislation as well as considering the future status of ECJ case law and whether it might continue to bind UK courts. It also sets out the Government’s proposals for a ‘Great Repeal Bill’.

There is a very useful table at the end of the paper, setting out the various employment law rights and the EU and UK sources for those rights.

A copy of the briefing paper is available on the Parliament website.

The content of this article is for general information only. For further information regarding any of our quick fire topics, please contact a member of Birketts' employment team. Law covered as at October 2016.