It has been reported that the power to impose financial penalties on employers who lose an employment tribunal claim will be introduced in April 2014. The penalty, to be imposed where an employer breaches workers' rights and there are 'aggravating features', will be 50% of any award by the employment tribunal, subject to a cap of £5,000, and will be halved if the penalty is paid within 21 days.
Judicial review of new employment tribunal fees on hold
The judicial review proceedings brought by Fox & Partners against the introduction of employment tribunal fees in Scotland have been put on hold for six months by the Court of Session.
The High Court in London is due to hear a similar application on 22 and 23 October, and will decide whether or not the government acted lawfully when it introduced employment tribunal and EAT fees on 29 July 2013.
Injunctions to prevent fees being introduced in both cases were turned down after the Lord Chancellor gave an undertaking that, if the fees regime is found to be unlawful, all fees will be repaid with interest.
Fee remission scheme
Claimants who are unable to pay the new fees may be eligible for a full or partial fee remission (waiver) if they meet certain qualifying criteria based on their disposable capital and gross monthly income. The new fee remission scheme came into effect on 7 October 2013 and replaces the previous scheme that applied to all Civil Court and employment tribunals.
If you would like more information, or specific advice on any of the changes please contact Roger Bull.