Review of employment tribunal rules 

Mr Justice Underhill, the former President of the Employment Appeal Tribunal, has now carried out his comprehensive review of the Employment Tribunals Rules of Procedure and produced a revised procedural code. The aim of this is to ensure that Employment Tribunal claims are dealt with as quickly and efficiently as possible.

The key proposed changes are:

• An initial sift of cases by an Employment Judge after the ET3 (response form) is lodged. This will allow for the early consideration of appropriate directions and the possible early strike out of any claim or response which is considered to have no reasonable prospect of success.
• Under the current rules there are two types of preliminary hearing – Case Management Discussions (for the clarification of issues and setting case management directions) and Pre Hearing Reviews (addressing jurisdiction issues and submissions on merits ahead of a full hearing). The draft rules propose removing the distinction between these two types of hearings and replace them with “Preliminary Hearings” which may deal with either case management or jurisdiction issues as appropriate.
• Simplification of the rules regarding the non-acceptance of a late ET3 response. Currently an ET3 received by the Tribunal out of time will be automatically rejected and default judgment entered in favour of the claimant. It is now proposed that where a late ET3 response is accompanied by an application by the respondent to extend the time limit, the ET3 will not be rejected pending the outcome of the application.
• The current cap on costs awards by Tribunals of £20,000 be removed to allow Employment Judges to carry out full costs assessments themselves.
• A power to set limits on the amount of time a party may spend presenting evidence, questioning witnesses or making submissions.
• That the Civil Liability (Contribution) Act 1978 is amended to apply to discrimination claims, giving Tribunals the power to apportion contribution between various respondents.
• Revised versions of the ET1 (claim form) and ET3 (response form) have also been produced.

 These are only draft proposals and we await further announcements following the 8 week consultation which is due to take place later this year. We will keep you posted.

To discuss this or any other employment law related issue get in touch at contact@integralegal.co.uk