Under current legislation, the normal qualifying period of service to bring a claim of unfair dismissal claim to an Employment Tribunal is one year (with certain exceptions where no qualifying period is required).
With effect from 6 April 2012, this qualifying period will increase to two years, however this will only apply to employees who commence their employment after this date.
Other Employment Tribunal changes which have been announced include the following:
• Unfair dismissal claims will be heard by a lone judge, not a panel
• The deposits which tribunals can order claimants to pay will increase from £500 to £1,000
• Costs limits will rise from £10,000 to £20,000
• The current practice of asking witnesses to read out statements at the tribunal will stop - witness statements will usually be taken as read
• The expenses of witnesses who are subpoenaed to attend any hearing will normally be paid for by the parties who call them to give evidence
• Tribunals will be able to levy cash fines on employers who breach employment legislation in a way that has “aggravated features”.
Discussions on mediation may bring further change.
Some other changes of note are currently under consultation to include a greater involvement of ACAS during the early stages of any claim and the use of a standard compromise agreement which will hopefully save time and costs.
What is guaranteed is that the landscape of employment law and procedure at the tribunals will continue to change at great speed during the next two years.
If you have any queries about how these changes will affect your business, please contact Colin Foote on 0117 9069463.
