Mr Justice Underhill’s recommendations on reform of the Employment Tribunal rules, together with a draft of the new rules, were recently published by the Government ahead of a formal consultation exercise on their implementation.
Commenting, Tim Thomas, Head of Employment Policy at EEF said:
‘The tone and direction of travel adopted by Mr Justice Underhill are to be welcomed. EEF has long called for reform of the Tribunal process, such as removing weak claims earlier, progressing claims without delay and encouraging Judges to use their existing powers more robustly, particularly on costs.
The draft new rules are shorter and expressed in plain English, with an emphasis on robust case management and greater emphasis on early settlement. We particularly welcome the initiative to ensure that claims with no reasonable prospect of success are identified early and dealt with in a way which minimises the expense to employers. The government now needs to respond quickly and positively.’
There will be an eight week consultation on the draft rules which according to BIS will take place 'later in the year'.
Mr Justice Underhill’s report to the Government can be seen here and for the new draft rules click here