Thursday, 20 June 2013

“Well done Cpl. Jones, I wondered who’d be the first to spot that one!”

Introduction of Tribunal fees now to be challenged.

Just as as we thought a long overdue change was about to happen, Unison has announced it is to apply to the High Court for a judicial review of the government decision to introduce fees for tribunal applications.  The main thrust of the argument from the union is;          
 1/ it is unlawful to introduce fees which make it prohibitively difficult to enforce European Community law                                                                                                                  
 2/   The fees indirectly discriminate against women, who, (typically) earn less than men.  I was given this tip by the excellent Daniel Barnett Site,  for details yourself go to:    http://www.unison.org.uk/unison-demands-equal-access-to-justice


Friday, 7 June 2013

SETTLEMENT AGREEMENTS ACAS CODE OF PRACTICE

SETTLMENT AGREEMENTS,   HERE AT LAST ?  


It is begining to look as if some form of settlement agreement system might be in place by this summer,  (it is June now ! )  if  a method for settlement does come in it will mean that at least there is an alternative to litigation or the somewhat heavy handed “compromise agreement ” route as at present.   Although at first glance,   I’m not sure that the procedure as it’s outlined is any less bureaucratic than we have already……I quote the following observation from the very excellent Daniel Barnetts’  site   www.danielbarnett.co.uk
..”.In broad terms, employers and employees will be allowed to enter into certain confidential discussions about termination of employment, which will be inadmissible in ordinary unfair dismissal claims. It’s a bit similar to – but has very important differences from – the ‘without prejudice’ rule.”
• omitting the requirement that the initial termination settlement offer must be in writing • omitting the template letters (but moving them to non-statutory guidance) • adding a requirement that an employee must have a minimum of 10 calendar days to consider any offer • adding an expectation that employees should be allowed to be accompanied at settlement meetings     .
See what I mean?   It’s not exactly a down to earth / real world approach is it ?     Still,  we need something, so,  at best it’s a step in the right direction.
PMHRC Ltd