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19 May 2011
Issue: 7466 / Categories: Legal News
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Diversity feedback

Employers have backed a call for stronger powers for tribunals to strike out weak or vexatious claims.

Three-quarters of more than 100 leading employers surveyed by DWF want employment tribunals to be tougher on spurious claims, while 89% want judges to request deposits from employees making a claim throughout the tribunal process not just at pre-hearing reviews. Only half of employers supported government plans to double the deposit to £1,000.

The Department of Business, Innovation and Skills (BIS) announced the second part of its ongoing employment law review last week. It proposes reducing the 90-day collective consultancy consultation periods, reforming the Transfer of Undertakings (Protection of Employment Regulations 2006 (SI 2006/246) to make it less bureaucratic and capping discrimination compensation.

In January, BIS consulted on proposals to extend the qualifying period for unfair dismissal from one to two years and require pre-claim conciliation for all claims to be lodged with Acas.

More than half of those surveyed by DWF support early conciliation with ACAS, but two-thirds have never used workplace mediation to resolve disputes. Kirsty Rogers, employment partner at DWF, said: “Extending the length of the qualifying period for an employee to be able to bring a claim for unfair dismissal from one to two years would have limited positive effect, encouraging employees to pursue claims where there is no qualifying service. The right way forward is to strengthen the tribunal process by targeting vexatious claims whilst encouraging early and robust mediation either in the workplace or through ACAS or the tribunal.”
 

Issue: 7466 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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