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CONSULTATION ON THE DRAFT REVISED EMPLOYMENT
TRIBUNAL REGULATIONS AND RULES OF PROCEDURE
Executive summary
Changes to the Employment Tribunal procedures are being made to improve the
service provided. The changes arise from provisions of the Employment Act 2002,
from recommendations of the Employment Tribunal System Taskforce, and from
suggestions offered by the Employment Tribunal Presidents (for England and Wales
and for Scotland) to help make the system run more smoothly.
The key reforms proposed are as follows:
- The Rules of Procedure are to be recast so that they follow a more logical
structure and are expressed in more "plain English" terms, in order to make
the system easier to use. This change will be complemented by the
introduction of standard claim and response forms, the use of which will
become mandatory from April 2005. These forms - on which there will be a
separate public consultation - will seek fuller information
"up front", to assist the parties, and the tribunal, in understanding cases.
- The circumstances in which a respondent may gain an extension of time for
submitting a response form (the new, plain English term for what is
currently referred to as a notice of appearance) are to be more tightly
specified.
- There will be new pre-acceptance procedures to
"sift-out" claims and
responses that (for one or more of a number of specified reasons) should not
go forward.
- Acas's duty to conciliate is to be limited to a fixed period in most
cases, to encourage parties to settle in good time rather than just before
the Tribunal hearing. This fixed period will be either a short 7 week period
or a standard 13 week period, depending on what the case is about. However,
in discrimination cases, which tend to be particularly complex, Acas's duty
to conciliate will remain unlimited in time.
- Where a case is uncontested, the Tribunal will in future usually issue a
default judgment against the respondent without holding a hearing.
- Powers are to be provided for the Employment Tribunal Presidents to issue
practice directions to ensure that a consistent approach is adopted to
procedural issues.
- Explicit provision is to be made for cases to be struck out at pre-hearing
review, but only within the grounds on which Tribunals may currently strike
out claims or responses outside such a review. (Such grounds include failure
to comply with an order or direction, or the inclusion in the claim form or
response form of anything scandalous, unreasonable or vexatious or
conducting the proceedings in such a manner.)
- Two substantial changes are to be made to the present costs rules:
(i)
there will be a new provision for awards in respect of preparation time in
some circumstances; and (ii) it will be possible for representatives (except
not-for-profit representatives) to incur a costs award on account of their
own conduct.
- The rules will apply to the whole of Great Britain, replacing the current
separate, but essentially equivalent, Rules for England and Wales and
Scotland.
In preparing the draft revised Regulations, DTI has been working closely with
the judicial Presidents, the Employment Tribunals Service and Acas.
Representatives of business and the trade unions have also been involved in
preliminary consultation.
Following this public consultation, it is intended that revised Regulations
will be laid before Parliament in spring 2004 and come into force on 1 October
2004.
The draft provisions take account of, and dovetail with, the new dispute
resolution regulations being introduced by the Government to encourage
settlements in the workplace before the Tribunal stage is reached. These
regulations were the subject of formal public consultation between July and
October 2003. Click here to
read that consultation document.
The draft Regulations include provisions for introducing a fixed period for
Acas conciliation in employment tribunal cases. The Regulations lay down
conditions for conciliation during the fixed period, but leave it to Acas to
decide in what circumstances conciliation might take place after the fixed
period has ended. Acas has issued a parallel consultation document explaining
its proposed policy on conciliating outside the fixed period and inviting
comments. The document is available on the Acas website.
The Government also intends to streamline the complex rules of procedure
relating to equal value Tribunal cases. It will be consulting on new rules to
replace those that are sent out in Schedule 3 of the Employment Tribunals
Regulations 2001. The intention is to bring these changes into effect at the
same time as the new Employment Tribunal Regulations and principal Rules of
Procedure set out in Schedule 1 (and the subject of the present consultation).
Further details can be obtained from the Women and Equality Unit website.
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