Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In this edition of the newsletter, we highlight some recent and forthcoming important changes, updates, and newsworthy items in employment law. Employers should update their employment policies and procedures to take into account certain of these changes, if applicable and not already done so.

  1. 79% drop in number of Employment Tribunal claims
  2. Increase in statutory rates
  3. Re-classification of types of Employment Tribunal claims
  4. UNISON judicial review application regarding Employment Tribunal fees fails
  5. Abolition of discrimination questionnaires
  6. Mandatory pre-claim ACAS conciliation
  7. Financial penalties for losing employers

79% drop in number of Employment Tribunal claims

The latest Employment Tribunal statistics released by the Ministry of Justice show that there has been a 79% decrease (compared to the same period a year ago) in the number of overall number of claims made in the Employment Tribunal (single claims + multiple claims) and there has been a 67% decrease in the number of single claims by individual workers. It’s currently unclear as to why claims have fallen by this amount, although most commentary attributes the reason to the introduction of Employment Tribunal fees in late July 2013.


Increase in statutory rates

There has been an increase to various rates and limits in the employment law field as of 6 April 2014:

  • The maximum limit on a week’s pay (used for calculating statutory redundancy pay and the basic award in unfair dismissal claims): increased to £464 per week
  • The maximum compensatory award that a tribunal can make in an unfair dismissal claim: increased to £76,574 (or a year’s gross pay, whichever is lower)
  • The minimum basic award for particular types of unfair dismissal claims (e.g. for health and safety reasons, for reasons of trade union membership, occupational pension scheme trustee reasons, or acting as an employee representative): £5,676
  • The maximum statutory redundancy payment: £13,920

The new rates will be applicable if the effective date of termination falls on or after 6 April 2014 in cases involving dismissal. However, as for dismissals prior to 6 April 2014 the old rates still apply.


 Re-classification of types of Employment Tribunal claims

Under the Courts and Tribunals Fees (Miscellaneous Amendments) Order 2014 (SI 2014/590) a number of “Type B” claims will be re-categorised as “Type A” claims – this is to remedy what the Government has identified as a mistake in the legislation. Type B attract a higher issue fee of £250 instead of £160. The re-categorised claims include claims for:

  • Equal pay
  • Sex equality in pension schemes
  • Failure to inform and consult under TUPE
  • Breach of right to request time off for training; and
  • Failure to allow compensatory rest under the Working Time Regulations 1998 

 UNISON to appeal failed judicial review application regarding Employment Tribunal fees

According to UNISON, an appeal will shortly be launched after the High Court rejected the trade union’s application for judicial review against the introduction of Employment Tribunal fees.


 Abolition of discrimination questionnaires

Discrimination questionnaires will be repealed under s.138 of the Equality Act 2010. Section 138 currently gives employees and ex-employees the statutory right to serve questionnaires upon employers which required them to respond with certain information. From 6 April 2014 employees will no longer have the statutory right to serve these questionnaires.


 Mandatory pre-claim ACAS conciliation

From 6 April 2014 voluntary pre-claim ACAS conciliation was introduced – this will follow a four-step process. Guidance from ACAS on early conciliation can be found here. From 6 May 2014 early conciliation will become mandatory and claims will not be accepted by the Employment Tribunal until the Claimant engages with the ACAS early conciliation scheme.


 Financial penalties for losing employers

For claims issued on or after 6 April 2014, Employment Tribunals have the power to order that a losing employer pay a financial penalty of up to £5,000 where the defence of the Employment Tribunal claim displays “aggravating features”.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.73 Average

92 Reviews

Anonymous

Redmans Solicitors provided a professional and prompt service in dealing with my settlement agreement. They used their experience to negotiate a better deal for which I am grateful for. I highly recommend their services.

Posted 2 days ago

Cheryl R

Very efficient and friendly lawyers. I have used Redmans twice now and Chris Hadrill has been amazing to work with. Would highly recommend Redmans.

Posted 2 days ago

Anonymous

I found Redmans Solicitors to be extremely professional, dealing with my questions and concerns quickly and in detail. I would have no hesitation in recommending Redmans Solicitors to anyone.

Posted 2 days ago

Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

Posted 6 days ago

Anonymous

Responsive, patient, thorough and personable - an excellent service.

Posted 1 week ago

Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

Posted 1 week ago

Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

Posted 1 week ago

Yulian Z

Great service

Posted 1 week ago

Anonymous

Excellent, professional service and a speedy resolution. Many thanks

Posted 1 week ago

Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

Posted 1 week ago

Anonymous

Really pleased with the swift and professional service from Redmans. They provided very clear advice and helped conclude my matter with the minimum of stress or delay.

Posted 1 week ago

Matthew L

Redmans were very quick to respond to my initial enquiry, and provided me with a very effective and efficient service, generating a most satisfactory outcome. I would definitely use them again if the need arose.

Posted 1 week ago

Anonymous

First rate service. Warm and friendly whilst exceptionally efficient at the same time. I would highly recommend them.

Posted 1 week ago

Anonymous

Professional and helpful. Thorough and supportive.

Posted 1 week ago

Richard A

Excellent service, prompt replies, great advice

Posted 1 week ago

Anonymous

Very professional services

Posted 1 week ago

Margaret

Redmans Solicitors took a lot of the worry away and were very thoughtful and meticulous in their dealings with my case , thank you very mush , great service and a great job

Posted 1 month ago

Mark B

Prompt efficient service. Hourly, and part thereof, billing got a bit stressful at times - as opposed to flat fee - made me think twice about sending an email or making a quick call when I had a query because it would have eaten up minutes from my budget. But happy with the legal service I received overall and would recommend.

Posted 1 month ago

Anonymous

Chris Hadrill has provided a truly wonderful service and was willing to lend his support and expertise at a time when other solicitors, only wanted to discuss their fees! A clear thinking and down to earth professional, Chris can be trusted to listen carefully to your matter, cut through the fog, and advise you on the best (and most realistic) way forward, saving you time, money and heartache. It will be helpful if you first get your ducks in a row in terms of documents / evidence etc. and then contact Chris, (that’s what we did) as this will help your matter to be dealt with faster. The more organised and together you are the more successful you will be. You'll be fine with Chris, I highly recommend him. Good luck!

Posted 1 month ago

Richard v

Excellent Service

Posted 2 months ago

Anonymous

Very happy from service received. Highly recommend

Posted 2 months ago