I have heard talk of a proposal to reintroduce the rather historic cap on the compensation that can be
awarded by Employment Tribunals for discrimination claims, in the same way that there is a limit on the compensation for standard unfair dismissal claims.
Minutes from the latest meeting of the Employment Tribunal National User Group have revealed that, since the employment tribunal fees regime came to an end last year, there has been a 100 % increase in the number of claims
received by employment tribunals compared to the period immediately before the Unison decision in which employment tribunal fees were held to be unlawful.
Eweida's case was previously
rejected by an employment tribunal, which found the wearing of a crucifix is not a requirement of the Christian faith, and then by the court of appeal and the supreme court.
This time the target was firmly trained on employment lawyers, with an article in The Times on 4 January 2011 by Helen Giles, an HR director, which was excoriating in its account of the «legal extortion»
practised by employment tribunals and the «parasitical» lawyers bringing claims therein.
The potential compensation is unlimited and the figures can be eye - watering; just two years ago, a woman who worked for a Russian bank was awarded nearly # 3.2 million
by an employment tribunal after she was bullied and sexually harassed by her manager.
Working in Unison's favour was, that, of the # 60 million
spent by employment tribunals during the period of 2013 to 2017, only # 8 million was recouped in fees — a figure much lower than predicted.
In the recent case of Brodie v Nicola Ward (t / a First Steps Nursery)[2008] All ER (D) 115 (Feb), UKEAT / 0526/07, an employee attempted to overturn a
ruling by the employment tribunal that a letter sent to her by solicitors acting for her employer was subject to the rule and therefore inadmissible.
This case is useful as it demonstrates there is a difference between the application of a one off act or decision and a finding that a practice or policy would be adopted, as
found by the employment tribunal on the evidence of this case.
There has been a suggestion that this omission might make it easier to establish disability, however the test largely remains the same and there has been very little change in
approach by employment tribunals so it is worth bearing this list in mind, although it should be remembered that it is not definitive.
Of course, it's worth remembering that if you have taken up the insurance option and have taken and followed advice, many of the costs
incurred by employment tribunals, as well as awards and settlements, could be covered.
This seminar, held in conjunction with Hudson, will give employers and human resources professionals a useful overview of forthcoming changes to employment law and key
decisions by employment tribunals.
In relation to an
award by an employment tribunal or sum due under an ACAS settlement, the High Court and County Courts Jurisdiction (Amendment) Order 2009 (SI 2009/577) will allow beneficiaries to enforce by way of execution against goods in either the High Court or county court where the sum involved is less than # 5,000.
Minutes from the latest meeting of the Employment Tribunal National User Group have revealed that, since the employment tribunal fees regime came to an end last year, there has been a 100 % increase in the number of claims
received by employment tribunals...
In an earlier article this year we noted that fees were introduced in the employment tribunals and EAT on 29 July 2013
by the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (SI 2013/1893)(Fees Order 2013).