Too
The
Not knowing what the latest rules are means that people are more likely to make mistakes
changes?
many
In all my time as an employment lawyer there has never really been a period where I have not been anticipating reforms or dealing with their implementation. As it is my profession I regard it as part of the territory. However, I do wonder whether employers and employees can really keep up with the changes introduced by governments of all colours. Sometimes the changes can benefit an understanding of the law. The Equality Act 2010 brought together a plethora of discrimination legislation under one roof. Crucial definitions were ironed out and developments in case law were incorporated into legislation. Inevitably, aspects of the Equality Act are being chipped away and remodelled as time progresses. The problem comes when the change is almost constant. The introduction of the Enterprise and Regulatory Reform Act 2013 (“the ERRA”) has seen a fundamental shift in the way that employment law can be applied. Among other matters, it allows the government to bring in a lower cap on the awards that can be made in the tribunal and has opened the door to legitimising “off the record” conversations which can be a precursor to dismissal. These two changes on their own would be significant enough but also have new rules of the Employment Tribunal which means that claimants have to pay fees to see their claim through. The fees now in place vary according to the type of claim being made. A “Type A” claim, such as unlawful deduction of wages, has an initial issue fee of £160 and then a hearing fee of £230, if it proceeds that far. A “Type B” claim, which includes claims such as unfair dismissal and discrimination, has an issue fee of £250 and then a hearing fee of £950. Fees payable where there are multiple claimants will vary depending on the type of claim being made and also on the number of claimants. Where a claimant is in receipt of certain benefits that falls below a given income level or is dependent on their net disposable income they may qualify for fee remission. In theory, it is not possible to fail to pay the appropriate amount when making an online application because of the structure of the online application. However, failure to pay the correct amount when submitting a claim by post will mean the claim form may be rejected. The Employment Tribunal may write to the claimant giving a deadline to pay the correct amount. Only if this deadline is met will the original date of submission stand. It is worth noting that the Employment Tribunal has no power to refund the fees if the claim is settled or withdrawn. This will mean that coverage for fees paid will inevitably form part of settlement discussions. As fees are meant to deter the “chancers” then the theory is that only cases with some merit will be made. Where an employer is, therefore, looking to settle it is they that will be bearing the cost of the introduction of this fee system as covering the fees will probably be the only way to get an agreement. Compensation for unfair dismissal consists of two elements: the basic award and the compensatory award.
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