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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: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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