Tribunal Procedure Rules

The new tribunal procedural rules came into force on Monday 29 July 2013 – by way of a reminder here is a recap of the changes.

The changes are set out in Schedule 1 of The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 and will apply to claims received by the Respondent from the Tribunal.

Fees

Fees in the tribunal and Employment Appeal Tribunal (EAT) were also introduced on 29 July 2013. For details on the new fee regime click here.

The petition for interim interdict, from a Scottish law firm, to prevent the introduction of tribunal fees was refused by the Court of Session, so the launch of the fees will now go ahead as planned.

A full judicial review hearing on the decision will take place in October and if the fees are ultimately held to be unlawful the government has undertaken to refund all fees that were paid before the decision. 

Enterprise and Regulatory Reform Act 2013

The following provisions of the Enterprise and Regulatory Reform Act 2013  (the "Act") came into force on Monday 29 July 2013 (see commencement order):

  • Pre-termination negotiations

Under Section 14 of the Act, in certain circumstances, discussions or offers made between an employer and an employee with a view to terminating employment on agreed  terms will be inadmissible in unfair dismissal proceedings, unless there has been or there is a connection with 'improper behaviour'.

  • Settlement agreements

Under Section 23 of the Act, compromise agreements will be renamed 'settlement agreements'.

Further reforms under the Act will be introduced later this year and next. You can access the Business Innovation & Skills commencement timetable here.