Possible Changes Ahead for Employment Tribunal Cases

Published 4th May 2020

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The Law Commission has made a number of recommendations for changes that could, if implemented, mean significant changes to some aspects of employment tribunal cases and changes for employment tribunals themselves.

What are the recommendations?

There are 23 recommendations in total, those that are likely to be of most interest to employers are the recommendations:

  • To extend the time limit for bringing employment tribunal claims to six months for all claims. Currently, the time limit to bring most claims is three months, although there are some exceptions to this.
  • To allow tribunals to extend time limits in all cases when they consider it “just and equitable” to do so. Currently, the test for extending time limits  in some types of claims such as those for unfair dismissal, is  whether it was “not reasonably practicable” to meet the limitation date.
  • To increase the maximum payment that a tribunal can award for breach of contract from £25,000 to £100,000. It is also recommended that the same limit apply to counter-claims by employers.
  • That the government investigate the possibility of making it easier for employees who have won their claim to enforce unpaid employment tribunal awards.

We will keep you up to date with any developments in relation to the recommendations. In the meantime, to help reduce the risk of an employee bringing an employment tribunal claim against your organisation it’s important to:

  • Treat employees fairly and in accordance with the law
  • Deal with employee complaints promptly and appropriately
  • Seek advice from Kingfisher Professional Services Ltd on the facts of your situation

Whilst it can be an easy area to overlook, keeping appropriate records is also important. It can help you to address and resolve matters with an employee before they escalate or support you in evidencing your position if a tribunal claim is brought.

If you have an employment law matter you would like assistance with, please do not hesitate to contact Kingfisher Professional Services Ltd as we are happy to help.

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