ETS reform concerns

As Tribunal claims soured to 236,000 last year, the highest figure ever recorded, the Government has laid out plans, for consultation, of the biggest reform in the ETS.  Kate Minett, Employment Specialist law firm at Russell-Cooke comments on the Proposed Reforms to the Employment Tribunal System.

“The consultation document includes many proposals, such as the introduction of claim fees and increased powers to strike out claims, that would arguably move procedures in the Employment Tribunal system closer to that in the civil courts. However, the government emphasises that it does not intend to move away from the principle that both parties, regardless of the outcome of a case at Tribunal, are responsible for their own costs. It will be interesting to see if the current review paves the way for further formalisation of the Tribunal system.

Employers and employees should note that the proposed increase in the qualification period for unfair dismissal claims from one year to two years will not affect other types of employment claim, such as discrimination and “whistleblowing” claims, which an employee is eligible to bring from the start of their employment. We could, in fact, see an increase in the number of such claims brought, given that fewer employees will be able to meet the two year qualification threshold.

Further, reverting to a two year qualifying period for unfair dismissal claims may indirectly discriminate against women, who on the whole are less likely to have two years’ continuous employment because more of them have child care commitments.”