Important changes to employment tribunal rules come into force on July 29, 2013, with a number of changes that employers should be aware of.

Adam Hartley, Partner at DLA Piper comments: “The new employment tribunal rules which have just been published mark a further step forward in the Government's plans to simplify and streamline the employment tribunal system. Coming into force on July 29, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, are clearer than the existing rules, which is likely to be welcomed by tribunal litigants and their representatives. However, it is not just a simplification of the existing regulations. A number of important changes have also been incorporated, which may trap the unwary. An important change which employers are likely to welcome is a new ability to request an extension of time for filing a defence (ET3) outside of the 28 day time limit.

An employer will now be able to apply for an extension of time outside the time limit provided it is in writing and is accompanied by a draft of the employer's defence (or an explanation of why that is not possible). If the time limit has not yet actually expired, there is no need to include the defence. Employers will also no longer have to explain why they could not comply with the time limit and the tribunal is not tied to only agreeing to the extension if it is just and equitable to do so. This is not a signal for employers to become complacent about deadlines; employers should still aim to comply with the time limit or request an early extension of time in order to be certain that they will be permitted to defend the claim.

Another new rule allows the tribunal to extend or shorten any time limit, either on its own initiative or on the application of a party. Although it seems unlikely that a tribunal will shorten deadlines in practice, this new flexibility serves to introduce a degree of unwelcome uncertainty for tribunal litigants. Finally, a new rule which is aimed at speedy dismissal of unmeritorious claims allows an employment judge, after receipt of the employer's defence, to review the documents and to decide whether there is an arguable complaint and defence. If not, the judge can dismiss either the claim or the defence in whole or in part, subject to any written representations the relevant party may make. On the face of it this suggests tribunals will proactively deal with the disposal of bogus claims or defences, something which is to be welcomed in practice. However, it seems unlikely that much will change as the number of cases which are so clear cut as to be dealt with in this draconian way are likely to be few and far between.”