Policy News Journal - 2014-15

disbursements or expenses' incurred by or on behalf of a receiving party were not apt to cover time spent by an in-house legal representative.

The EAT (HH Judge David Richardson) held that there was not the slightest reason for doubting the correctness of Wiggins Alloys Ltd v Jenkins. There was, in the enabling legislation and in the procedural rules, no basis at all for drawing a distinction between the use of in-house lawyers and independent solicitors. It would be absurd and capricious to do so (paragraph 12). The costs of an in-house legal department could permissibly be described as a charge or expense upon the employer (paragraph 16). A receiving party may claim costs where he is legally represented by a qualified employee (paragraph 19).

Labour Party Announcement on Employment Tribunals

10 September 2014

Speaking at TUC Congress, Shadow Business Secretary Chuka Umunna has announced that the next Labour Government will "scrap" the Government’s employment tribunal system and replace it with "a fairer system to ensure that affordability is not a barrier to employees seeking redress in the workplace." Mr Umunna said that “Since fees were introduced the number of tribunal claims being made has fallen by four fifths, confirming fears that the introduction of fees would put off workers on low incomes pursuing cases. Claims relating to age discrimination and unfair dismissal as a result of pregnancy are both down by 26 per cent while claims against breaches of the Working Time Directive have fallen by 94 per cent.

Labour will undertake wider reform of the tribunals system, ensuring it works in a more streamlined and less bureaucratic way for both employees and employers”.

The announcement doesn't make it clear whether fees will be abolished entirely if the Labour party forms the next government, or whether some form of fees will remain.

Employment Tribunal Statistics

12 September 2014

The latest employment tribunal statistics appear to indicate that the introduction of compulsory Acas Early Conciliation on 6th May 2014 has had a significant impact.

Thanks to Daniel Barnett for his analysis of the statistics for tribunals for the April to June 2014 period which have just been released by the Ministry of Justice.

He notes that

 the figures reveal a 71% drop in claims (70% in single claims) compared with the same period in 2013,  a more significant statistic is that single claims are down one-third on the last quarter (Jan-Mar 2014), which is probably in large part due to the introduction of compulsory Acas Early Conciliation on 6th May 2014 (it was voluntary from 6th April).

Self-employed worker entitled to holiday pay

22 September 2014

The Employment Appeals Tribunal (EAT) has ruled that a self-employed subcontractor was a worker entitled to holiday pay.

CIPP Policy News Journal

08/04/2015, Page 121 of 521

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