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19 May 2011
Issue: 7466 / Categories: Legal News
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Diversity feedback

Employers have backed a call for stronger powers for tribunals to strike out weak or vexatious claims.

Three-quarters of more than 100 leading employers surveyed by DWF want employment tribunals to be tougher on spurious claims, while 89% want judges to request deposits from employees making a claim throughout the tribunal process not just at pre-hearing reviews. Only half of employers supported government plans to double the deposit to £1,000.

The Department of Business, Innovation and Skills (BIS) announced the second part of its ongoing employment law review last week. It proposes reducing the 90-day collective consultancy consultation periods, reforming the Transfer of Undertakings (Protection of Employment Regulations 2006 (SI 2006/246) to make it less bureaucratic and capping discrimination compensation.

In January, BIS consulted on proposals to extend the qualifying period for unfair dismissal from one to two years and require pre-claim conciliation for all claims to be lodged with Acas.

More than half of those surveyed by DWF support early conciliation with ACAS, but two-thirds have never used workplace mediation to resolve disputes. Kirsty Rogers, employment partner at DWF, said: “Extending the length of the qualifying period for an employee to be able to bring a claim for unfair dismissal from one to two years would have limited positive effect, encouraging employees to pursue claims where there is no qualifying service. The right way forward is to strengthen the tribunal process by targeting vexatious claims whilst encouraging early and robust mediation either in the workplace or through ACAS or the tribunal.”
 

Issue: 7466 / Categories: Legal News
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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