Two recent decisions concerning failures to comply with the ACAS Early Conciliation procedures have been heard before the EAT. The first was the case of Sterling v United Learning Trust where the Claimant submitted her ET1 missing some digits from the EC number on the form. The form was returned by the Tribunal. Her representative […]
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News – Employment Tribunal Rules
Cannot pay a costs award?
What if a Claimant cannot pay a costs award? This is of course a mitigating factor against awarding a costs award and something the Judge may consider. However, in the case of Chadburn v Doncaster and Bassetlaw Hospital NHS Foundation Trust and another the EAT held that there was no reason why the question as […]
Failure to comply with ACAS EC requirements
Two recent decisions concerning failures to comply with the ACAS Early Conciliation procedures have been heard before the EAT. The first was the case of Sterling v United Learning Trust where the Claimant submitted her ET1 missing some digits from the EC number on the form. The form was returned by the Tribunal. Her representative […]
Unison to appeal
Unison are to appeal against the decision of the High Court which dismissed its judicial review application challenging the lawfulness of employment tribunal fees. Unison has secured permission to appeal on all grounds to the Court of Appeal which will be heard in June.
Tribunal statistics for the final quarter of 2014
Tribunal statistics for October to December 2014 have now been published by the Ministry of Justice, which indicate that although there continues to be fewer claims, there has been a small increase in the number of claims in the last quarter. Statistics have also been released concerning fee remissions for the first time. The number of […]
Employment Tribunal Fees
It seems, following the defeat of the last Unison challenge last year, that at least for now Employment Tribunal fees are here to stay. There are two sides to every argument; the Government argues that it is right to ask service users to contribute to the costs of running of the system. The Opposition and […]
Unison Challenge 2 rejected
The High Court has rejected the second challenge by Unison to the Employment Tribunal Fee Scheme introduced in the summer of 2013. The second application was made after the statistics were published showing the dramatic reduction in the number of claims. However, even the data was not sufficient to convince the Court that the scheme […]
Early Conciliation results
The ACAS early conciliation statistics for the first six months have been released and, whilst not 100% representative of the actual results due to a time lag in people putting their claim in, make interesting reading. By way of a recap in a claim for unfair dismissal it is now mandatory for the Claimant to first […]
Deposit orders in the Tribunal
Under the Employment Tribunal Rules which came into force in July 2013, at a preliminary hearing, if an Employment Judge considers that any specific allegation or argument in a claim or response has little reasonable prospect of success, they can make an order requiring a deposit to be paid as a condition of continuing that […]
Early conciliation statistics
The first quarter’s statistics for ACAS Early Conciliation have been released. In April, the scheme was still voluntary and ACAS processed around 1,000 applications a week. Once the process became compulsory in May and June this rose to an average of 1,600 applications. ACAS say that this mirrored the expectation for demand on the service. Interestingly, […]
(Our news section brings you the latest news on published judgments and cases which are all in the public domain. We only comment on these published cases and not cases of our actual clients. Publication of the case or comments is a public service designed to make the courts and tribunals more accessible and ensures justice is seen to be done. This is why court and tribunal judgments are published publicly.)