Some things are clear cut:
- The new fees regime will apply to all claims issued from today, to all appeals to the EAT, and to all applications made that attract fees.
- The new ET1 and ET3 forms will have to be used from today onwards
- The new rules of procedure will apply to any procedural step taken in the employment tribunal from today (with one or two minor exceptions) even if the proceedings have already been started.
But some things are a little more complicated:
- The new earnings-based cap on the compensatory award will only apply if the effective date of termination is on or after 29 July, so many unfair dismissal claims issued in the following three months will not be subject to this new limit.
- The new rules on interest will not apply to claims issued before 29 July. These new rules mean that interest will accrue on tribunal awards from day one, unless they are paid in full within 14 days. In addition pre-judgment interest payable on discrimination awards increases to 8%.
- Finally, a few points on the re-naming of compromise agreements as settlement agreements. Nothing changes except the name, and the change takes effect on 29 July, even if the negotiations have already started before that date. Secondly, although it is only a name change, because of the way the statutory requirements are worded, it is as well to revise the terminology in agreements that have been issued to employees before 29 July if they have not been signed by both parties by that date.
Finally, the name change is not for all purposes –agreements relating to working time claims and some other more obscure jurisdictions will still be known as compromise agreements