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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

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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