Category: Employment Law

As of 29 July 2013, employees wishing to bring a claim at an Employment Tribunal will have to pay Employment Tribunal fees.

The Employment Tribunal fees shall be divided into two groups:

• Type A – for money claims i.e. redundancy and salary arrears
• Type B – for all other claims i.e. unfair dismissal and discrimination

Claimants will have to pay the fees in two stages; initially when issuing an Employment Tribunal claim and secondly 4 – 6 weeks before the final hearing.

The Employment Tribunal fees are as follows:

• Type A issue fee – £160
• Type A hearing fee – £230

 

• Type B issue fee – £250
• Type B hearing fee – £950

Dion McCarthy, Trainee Solicitor

dmccarthy@astonbond.co.uk

There are no formal requirements for a resignation and there is no need for the employer to accept a resignation. Once an employee has resigned, the basic position is that unless the employer consents, an employee cannot withdraw his or her resignation.

If an employee resigns (that is resigning unambiguously) in the “heat of the moment”, then special circumstances can apply. An employer should investigate the matter and ascertain the employee’s true intention. An employer may allow the employee a cooling-off period in order to ascertain if any other matters arise to cast doubt on whether the employee really meant to resign. What is reasonable will depend upon the facts of the individual case.

Dion McCarthy, Trainee Solicitor

dmccarthy@astonbond.co.uk

The Government has announced the introduction of fees in Employment Tribunals. It was declared that Employment Tribunal fees would be applicable from the summer of 2013.

It has been said that these changes are to encourage employees to explore alternative dispute resolution such as mediation or Advisory, Conciliation and Arbitration Service (ACAS).

Employment Tribunal fees are being introduced to enhance the flexibility for employers and employees, whilst protecting fairness. The Employment Tribunal fees have been set to filter through employment claims, with the introduction of fee claims.

The Employment Tribunal fee will be based on two levels, depending on the type of the complaint.

Level 1 will consist of claims for unpaid wages and holiday pay. The total cost for this will be £390 (£160 for the claim and £230 for the hearing). If the dispute is settled before the hearing, the fee will drop to £160.

Level 2 will consist of unfair dismissal, discrimination and detriment claims. The total cost for this will be £1,200 (£250 for the claim and £950 for the hearing).

From the summer of 2013, mediation by a Judge will cost £600 rather than £750, which was proposed in the 2011 meeting. The Employment Tribunal will have the capability to order the unsuccessful party to pay the fees incurred by successful party.

It seems that would-be claimants will have to think twice before investing funds in an employment claim and this will likely result in a decline in the number of low level employment claims.

01753 486777

In Hörnfeldt v Posten Meddelande, the ECJ considered whether a compulsory retirement age of 67 in Sweden could be justified. The ECJ held that the Swedish retirement law was not contrary to the Equal Treatment Framework Directive as it could achieve many legitimate aims.

For example, it will increase the amount of future retirement pension by allowing employees to work after the age of 65.  Furthermore, if employees are retiring at 65, there will be a shortage of labour thus this rule responds to large numbers of forthcoming retirees.

Further aims suggest it would enable retirement pension regimes to be adjusted on the basis of the principle that income received over the full course of an employee’s career must be taken into account. Additionally, it avoids the termination of employment contracts in situations, which are humiliating for workers by reason of their advanced age.

For those who wish to work beyond 65, they will find less difficulty in carrying on employment.  It thus establishes a right, and not an obligation, to work until the age of 67.

It will also make it easier for younger people to enter the labour market as the Swedish Equality Ombudsman argue that the 67-year rule was justified on the ground that it frees up jobs for younger workers.

01753 486 777

The qualifying period for the right to claim unfair dismissal will be extended from one to two years. This will come into force in April 2012. This comes as part of the Government’s latest workplace reforms which aim to increase businesses’ confidence to take on more workers.

Although certain business groups have welcomed the move, others have expressed concern that the change may result in an increase in the number of discrimination claims, for which there is no qualifying period.

The Government has claimed that increasing the qualifying period to two years along with other proposals in the ‘Resolving Workplace Disputes’ consultation is likely to see the number of unfair dismissal claims drop by approximately 2,000 per year. Other proposals set out in the consultation included a fee for lodging tribunal claims. In support of this, the Chancellor of the Exchequer, during his speech to the Conservative party conference earlier this week, indicated that fees for Employment Tribunal claims will be introduced from April 2013.

Dion McCarthy, Trainee Solicitor

dmccarthy@astonbond.co.uk