Ministers back new strike out powers in employment tribunals
New strike out powers to deal with weak cases are among a package of changes to the Employment Tribunal process unveiled by the Department for Business, Innovation and Skills.
In its response to Mr Justice Underhill’s review of the rules of procedure for ETs, the Department said the powers would ensure that cases “that should not proceed to full hearing are halted at the earliest possible opportunity”.
Other proposals from the judge that the government has agreed to include:
- guidance from the Employment Tribunal Presidents “to help ensure that judges deal with hearings in a consistent manner which ensures parties know what to expect”;
- making it easier to withdraw and dismiss claims by cutting the amount of paper work required; and
- a new procedure for preliminary hearings that combines separate pre-hearing reviews and case management discussions. “This will reduce the overall number of hearings and lead to a quicker disposal of cases saving time and costs for all parties.”
The new rules are expected to come into force in the summer of 2013.
Employment Relations Minister Jo Swinson said: “We are committed to finding ways to resolve workplace disputes so they don’t end up with two sides in front of a tribunal.
“The proposals set out today will help all parties understand what the process involves and what to expect. Employment tribunals are costly in terms of time, money and stress for everyone and they should always be the last resort, not the first port of call.”
DBIS said it was intended that the new rules would incorporate the new rules on fees and the Enterprise and Regulatory Reform Bill (ERR) Bill measures on cost and increased flexibility of deposit orders.
“The rules will be issued shortly to allow parties time to familiarise themselves with one set of rules and avoid the piecemeal revisions that the Underhill review was tasked to address,” it said.
The Department has also published a progress update on its employment law reforms.