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ALL THE LATEST NEWS, VIEWS AND STORIES FROM AROUND YOUR LOCAL AREA:APRIL/MAY


90% Rise in Employment Tribunal Claims


Employment Law Solicitor Anna Lovett shares her top tips for employers in light of the recent increase in claims.


Last summer, the UK Supreme Court declared that Employment Tribunal fees were unlawful and they were immediately abolished. The Ministry of Justice has just published provisional Tribunal statistics for October to December 2017 and these show that, with fees now abolished, the number of single Employment Tribunal claims has increased by 90%.


What does this mean for employers?


Tribunal claims now more likely An employee who is dismissed (and who has the two years’ length of service generally needed to be able to claim unfair dismissal) or who feels they have been discriminated against, is now more likely to bring a claim in the Employment Tribunal, as they are not required to pay out anything to do so.


No more “put up or go away” When an employee was required to pay a fee to bring a claim, employers could usually test the waters before discussing a financial settlement, by waiting to see if the employee would actually pay out the fee and start a claim. Now fees have been scrapped, the option of that tactic has been removed.


Increased trade union activity The UK Supreme Court decision was a huge victory for the trade union, Unison. It may be that because of this, more employees decide to join unions, which in turn could lead to unions seeking formal recognition from employers, where otherwise they wouldn’t have


had enough members to do so. Also, employees who have union backing may be more inclined to bring Employment Tribunal claims.


What should employers do now?


Policies and practices Employers should make sure that their policies and practices are up to date and legally compliant, particularly in relation to disciplinary matters and grievances and also in relation to equality and diversity.


Training There is a generation of new managers and HR professionals who may have had no experience or exposure to an Employment Tribunal claim. It’s important to provide training to these individuals to ensure they are fully aware of the increased risk of claims, know how to reduce those risks and know how to deal with claims if they arise. Training will also ensure that your policies and practices are implemented correctly.


Early Advice It’s important to obtain early advice on employment problems, because by doing so, employers help to minimise the risk of a potential claim and increase their chances of succeeding at an Employment Tribunal if a claim is made.


For more information or for advice on minimising the risk of Employment Tribunal claims, contact Anna on 01900 510366 or e: alo@burnetts.co.uk


Expert legal advice on your doorstep


        


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01900 510 366 3c Lakeland Business Park, Lamplugh Road, Cockermouth. CA13 0QT e: ts@burnetts.co.uk www.burnetts.co.uk/WestCumbria WWW.THECOCKERMOUTHPOST.CO.UK


ISSUE 425 | 26 APRIL 2018 | 17


Cockermouth


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