Quickfire
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A new judicial listing policy has been introduced in Employment Tribunals across England and Wales. Standard unfair dismissal claims will be listed for a one day hearing, which will take place within 16 weeks of the claim being issued. This will affect stand-alone unfair dismissal cases and unfair dismissal cases combined with “short-track” claims, such as claims for unlawful deduction from wages and statutory redundancy payments. This will exclude unfair dismissal claims combined with more complex claims, for example discrimination. It follows from this that employers will have to prepare for Employment Tribunal hearings in a much shorter timescale. As soon as notification of a Tribunal claim is received, employers must gather all relevant information for disclosure purposes and be ready to start the preparation of written statements.
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Following the Government’s consultation on ‘Resolving Workplace Disputes’ the response indicates that Employment Judges may sit alone for unfair dismissal cases, without lay members on a Tribunal panel, unless they direct that those members should be involved. Academic research will be used in order to see whether this proposal should go ahead and, if so, to what extent. Whilst the lay members provide perspective as to acceptable behaviour in the workplace, their absence will mean cases are dealt with more quickly.
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Dame Carol Black and David Frost CBE made a number of recommendations, in their report “Health at work - an independent review of sickness absence” to reduce workplace sickness absence and the resulting cost on individuals, employers and the taxpayer. The recommendations include the establishment of a new Independent Assessment Service which, after an employee has been absent for four weeks, can provide expert advice on whether and how the employee can be supported in their return to work. Fit notes should be revised in order to consider the employee’s capacity to return not only to their own job, but to work more generally. After 20 weeks of absence, employees should be considered for a job-brokering service that will seek employment opportunities beyond their current employer. We will have to wait and see how these recommendations are received.
These articles have been written by Matthew Newnham, a Partner at Birketts.
It provides only a general summary and is not intended to be comprehensive. Specific legal advice should be taken in any individual application. Law covered as at 6 December 2011. © Birketts LLP 2011.
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