04:05 Issue 2

GLOBAL PAYROLL MAGAZINE

69

small. Remission may be available for those who cannot afford the fees. It remains to be seen whether the new proposals will satisfactorily address the concerns around access to justice raised by the Supreme Court in 2017 (and, indeed, whether the proposed fees would in reality provide adequate additional funding to the Employment Tribunal system). The consultation closed on 25 March 2024.

2024, may be taken in blocks of one or two consecutive weeks only within 12 months of the child’s birth or adoption. Extension of the protection from redundancy for pregnant, maternity leave and new parents The law requires employers to give priority to those on maternity leave where they are at risk of redundancy and where there is a suitable alternative employment, they must be offered it. From 6 April 2024, this protection has been extended to women from the date they notify the employer in writing of pregnancy to six months after their return from maternity leave. This amends reg.10 of the Maternity and Parental Leave etc. Regulations 1999. The reintroduction of employment tribunal fees? We are presently awaiting the outcome of the government consultation on the re-introduction of Employment Tribunal fees; fees were abolished in July 2017 as the Supreme Court held that they interfered with the right to access to justice. The “old” fees regime had two types of fees (£390 and £1,200), which were paid by a claimant and covered the issuance of a claim and hearing. The current proposal is to introduce a fee of £55 to issue a claim (no fee for hearings) in order to reduce the taxpayers’ bill (£80m in 2023) to run the Employment Tribunals. The re-introduction of fees may deter some claimants from bringing a claim, especially if the amount of compensation being sought is relatively

Author: Emma Bartlett Emma Bartlett is a Partner at CM Murray LLP, specialising in employment and

partnership law. She advises on a varied cross-section of employment law matters, including unlawful discrimination, whistleblowing, equal pay, unfair dismissal, breach of contract, restrictive covenants, protecting confidential information, boardroom and partner disputes and claims under TUPE. She has particular expertise in dispute resolution and litigation, notably discrimination, bonus, whistleblowing and trade union issues. She is a specialist in contentious discrimination matters and handling high-value contentious claims for employers and senior individuals. She is also D&I lead at the firm.

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