An employment law tribunal is an extremely worrying time for both employees and employers alike, with potentially damaging financial outcomes on both sides of the case.
In most cases, employers will do anything they can to ensure that an employment tribunal is avoided, hoping to find an alternative solution to the employee issue. However, proposed employment law changes in the near future could well see an increased willingness to take part in employment law tribunals, with potential legislation set to make the process considerably easier, cheaper and less time consuming. Employment tribunal presidents would also be put in place, acting as independent adjudicators and ensuring that all cases are dealt with in the same manner.
The employment tribunal procedure
March 14 saw the announcement of the potential new rules regarding employment tribunals, with the government hoping to make the process considerably easier for both parties involved. Proposed changes to the system include:
- Preliminary hearings which will combine pre-hearing reviews and case management discussions. This will reduce the overall number of tribunals which take place, leading to more efficient completion of cases, which will reduce the cost and time required for all those involved.
- Guidance from Employment Tribunal Presidents to ensure that all employment tribunals are dealt with consistently.
- Reduction in the amount of paperwork needed to withdraw a claim, or for a frivolous claim to be dismissed.
While these changes to the system would be fairly significant, certain key aspects would remain unchanged. Both parties in a case have a legal right to employment tribunal representation
To conclude, it seems that these potential changes to the tribunal system will make the process considerably easier, disposing of frivolous claims and leading to an increased willingness for relevant cases to progress to the tribunal stage. The full impact of the employment law tribunal reforms remains to be seen, but at this stage the consequences certainly seem to be of a positive nature.
This is a guest post for TheEmployable