Government consults on plans to reform Employment Tribunals

Among the proposals are:

Enabling greater use of alternative dispute resolution tools such as mediation. The consultation is seeking more information about current use, costs and benefits, and barriers

To require all claims to be submitted to Acas in the first instance, rather than the Tribunals Service. This would allow Acas a specified period (up to 1 month) to offer pre-claim conciliation in all cases.

Increasing the Tribunal's powers to strike out weak claims and increasing the deposit and cost limits for weak & vexatious claims.

Increasing the qualifying period of service to make an unfair dismissal claim from 1 to 2 years.

Introducing financial penalties (payable to the Exchequer) for employers found to have breached rights, to encourage greater compliance.

Witness statements to be taken as read in all hearings, to shorten hearings and save costs for the system and business.

Judges to be able to sit alone to hear unfair dismissal cases, and to remove the general requirement for tripartite panels in the EAT.

Introduce fee charging mechanisms in ETs, for example where claimants lodge claims (and respondents choose to counter-claim), and/or for parties in claims that proceed to full hearing.

The consultation relates to England, Wales and Scotland and will close on 20 April 2011. The full document, Resolving Workplace Disputes, can be found at http://bit.ly/fYnCpd