aim is to reduce the taxpayer subsidy of these tribunals by transferring some of the cost to those who use the service, while protecting access to justice for all.
Fees are part of the Government's programme to promote early resolution of disputes in order to help individuals and companies to get on with their lives and businesses. The intention is to encourage people to look for alternatives – like mediation – so that tribunals remain a last resort for the most complex cases. Taxpayers will continue to meet the full cost of the Advisory, Conciliation and Arbitration Service (ACAS) which provides a free service to help workers and businesses settle disputes without the need to go to a tribunal. From summer 2013, mediation by a judge will cost £600 rather than the £750 proposed in the 2011 consultation. This offers a considerable saving on the £1,200 it would cost to take a 'level 2' claim all the way to full hearing. The lower fee to take the administratively simpler 'level 1' claims to a full hearing will be £390 – which drops to just £160 if settled before the hearing fee is payable. Many people on low incomes may not be required to pay the full fees – under the same remission system which already exists for court users who pay fees to use the civil courts' services. Following this extension of this exemption system, the Government will review its use across both courts and tribunals and publish a consultation later this year as part of a wider review required by the introduction of Universal Credit in late 2013. Fees to use the employment tribunal will be payable in advance, and most types of fee will only apply to the person bringing the claim. However the tribunal will have the power to order the unsuccessful party to reimburse the fee to the successful party. In practice, cases are often settled rather than there being a clear 'winner' or 'loser' and the issue of reimbursement would form part of the settlement.
Read the full press release from the Ministry of Justice
HAVING TO CONSULT WITH YOUR EMPLOYEES ON REDUNDANCY AND YOU DON’T THINK THAT YOU SHOULD HAVE TO CONSULT WITH THEM FOR 90 DAYS?
15 August 2012
In which case, the government would like to hear your views on their suggested alternatives, which are being proposed in the current consultation document, Collective Redundancies: Consultation on Changes to the Rules . This consultation has arisen as a result of responses which were received during a Call for Evidence (carried out in late 2011) which has suggested that the current redundancy consultation regime is unsuitable for the current labour market; that legislation is too restrictive, and that Government guidance is not clear enough.
The Government, through the Department for Business Innovation & Skills (BIS) has therefore opened the consultation which includes package of reforms based around:
Reducing the 90 day minimum consultation period for large scale redundancies; Issuing a new non statutory Code of Practice which looks to address a number of key issues that affect redundancy consultations. Improving guidance for employers and employees on the support available from Government.
The aim of the reforms are to achieve an effective collective redundancy regime which will provide, improved quality of consultation; employers with the ability to restructure effectively
CIPP Policy News Journal
12/04/2013, Page 315 of 362
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