1. Pre-termination negotiations. When is an off the record chat not off the record?

The answer used to be pretty much anytime an employer is speaking to an employee.  However, this changed on 29 July 2013 when it became possible to have “Confidential Pre-Termination Negotiations”.

In other words, provided employers go about things in the right way, it is possible for them to have a constructive dialogue with their more troublesome employees about their future prospects without the fear of an Employment Tribunal case hanging over them.

2. Employment Tribunal Fees Change

Claimants are now required to pay an issue fee (of either £160 or £250) when their claim is submitted and a hearing fee (of either £230 or £950) payable prior to the final hearing.

3. Compromise Agreements to become Settlement Agreements

The term ‘compromise agreement’ has been renamed ‘settlement agreement’.  Relevant legislation will be amended to reflect this change.

4. New Employment Tribunal Rules

The Employment Tribunals Regulations 2013 has been reviewed. This will introduce a number of changes to the way in which employment tribunals operate. Workers will be charged one fee to bring a claim, another fee if it is heard and a further charge if they want to appeal the decision.

The new changes will also include revised powers for judges to strike out claims with no reasonable prospects of success.

5. Reduced Compensatory Award for Unfair Dismissal

There is a new compensatory award cap for unfair dismissal. This will be the lower of £74,200 or twelve months gross pay.

These changes came into force on the 29th July 2013.


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