header-logo header-logo

17 May 2024
Issue: 8071 / Categories: Legal News , Procedure & practice , Employment , Tribunals
printer mail-detail

NLJ this week: Will tribunal fee proposals end in embarrassment (again)?

172558

Government proposals to resurrect employment tribunal fees—albeit at a modest rate compared to last time—could spectacularly backfire, ending in a second ‘unlawful’ ruling

In this week’s NLJ, Catrina Smith, Chair of the Legislative and Policy Committee of the Employment Lawyers Association, discusses the potential for a re-run of the high-profile Unison case of 2017.

Smith identifies a multitude of disadvantages for all concerned, not least the fact ‘the government has also acknowledged that the fee scheme will cost more to administer and implement than it will raise’. It didn’t work out well for the government in 2017, so why would ministers try again?

Ultimately, however, the people with most to lose should the proposals go ahead are employees and ex-employees with valid claims should they be deterred from bringing them by this extra financial hurdle.

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
back-to-top-scroll