New Tribunal fees now in force

New legislation which came into effect on 29th July 2013 means that any employee taking a claim against an employer to HM Courts & Tribunals Service is now liable for payment of a fee (or an application for fee remission).


Fees will be payable firstly on issue of a claim and secondly prior to the final hearing if a claim proceeds to that stage. Employment Appeal Tribunal appeals will also be subject to this new fees regime.

Depending on the level of claim and whether or not it goes to appeal, fees range from £160 to £1200. There has been much publicity over the last week or so, about the introduction of these costs – with unions taking the stance that they are too harsh on the employee and may act as a deterrent to obtaining justice against an unfair employer.

From the employer’s point of view, whilst this deterrent may have the effect of reducing the number of claims, it is important to note that if the

court rules in favour of the claimant then the fees will be reimbursed to the claimant and then become payable by the employer. It is therefore still vital to put all the right procedures in place to ensure that ideally a tribunal situation does not occur, but that if it does, your business is in as strong a position as possible.

If you would like to discuss your HR procedures to ensure that your business is compliant with legislation, please contact Charlotte Mellor on 023 8023 4222.

Revamped TUPE due by September

Employment Minister Jo Swinson has recently announced that simplified TUPE regulations will be unveiled by September 2013.

TUPE - Transfer of Undertakings (Protection of Employment) - can be a complicated area. In simple terms it applies to situations where companies have merged or been bought out, and it protects employees by enabling them to carry forward certain employment rights.

For the employer, however, TUPE can be a difficult area. TUPE applies when there is a “relevant transfer” and this in turn is assessed using a number of factors such as the type of undertaking being transferred, the assets that are transferred, and whether the majority of employees are taken on by the new employer.

It often prevents the employer being selective about which employees they take from the old business – unless they are prepared to pay sometimes hefty redundancy payments.

Many Employment Tribunal cases are brought to court over rules originating in TUPE. Therefore, new rules on TUPE have been eagerly awaited by employers, and Jo Swinson has promised a “simpler”

regime that will provide greater certainty for businesses.

“We can’t get out of TUPE legislation because it already exists,” said Swinson at a recent conference, but she hinted at a scaling back of current rules, and promised to clarify the effect on TUPE transfers that are currently in progress.

If you have a question about TUPE, or about any area of employment legislation, please contact me.

Reform Act brings more employment law changes

The Enterprise and Regulatory Reform Bill received Royal Assent on 25 April 2013, making it the Enterprise and Regulatory Reform Act 2013 and paving the way for a number of employment law changes. Some of these changes will come into force as early as June this year.

The first changes include a simplification of the procedures and costs of deciding tribunal cases, which will come into force on 25 June 2013.

Also from June, the two-year qualifying period for unfair dismissal claims will no longer apply where the reason for the dismissal is the employee's political opinions or affiliation. There will also be a repeal of a section of the Equality Act 2010, which makes an employer liable where an individual is harassed by a third party.

Some of the changes that will apply as from next year, are expected to include the ability of Unfair Dismissals tribunals to be able to take into account discussions between an employer and an employee or an offer made prior to the termination of employment with the aim of ending the contract
on agreed terms.

Compromise agreements will be renamed "settlement agreements" to encourage parties to settle employment disputes, and a code of practice will be introduced, setting out the principles for using settlement agreements.

The new Act underlines the fact that employment legislation is a constantly changing arena and it can be difficult for employers to keep up to date. If you would like to discuss how HJS People can help, please contact us for further information.

Managing Discipline and Dismissals

If you are an employer, the chances are that you will at some time or another have to discipline or even dismiss one of your employees.

It is important that matters of discipline are dealt with in a timely manner, fairly, consistently and within the boundaries of your own internal disciplinary procedures.

The purpose of the disciplinary procedure is to correct an employee’s behaviour when it has transgressed the rules. It is a mechanism for informing the employee that his or her conduct is not acceptable to the business and needs to change. If warnings and the correct amount of assistance do not cause the employee to improve his or her behaviour then ultimately it may lead to dismissal.

Those with people management responsibilities should be fully trained in how to use the Company disciplinary procedures to ensure that in the event that an employee is dismissed, steps were taken to ensure that the dismissal was fair.

Successful claims for unfair dismissal can be very costly to businesses, so an investment in training your managers in how to conduct disciplinary hearings can be very beneficial.

Overwhelmed with HR and Payroll Red tape?

Keeping up with all the changes that are introduced around Human Resources legislation can be a big headache for business owners.

Each year brings a raft of  new or amended pieces of employment legislation and 2013 is no exception. Trying to absorb these, identify which are relevant to your business and implement the necessary changes can be time-consuming and can distract you from other important aspects of running your business.

This year, an added “headache” is the introduction of RTI (real time information) - one of the biggest payroll changes since the introduction of PAYE 69 years ago! RTI will change the way that businesses have to report employee tax and national insurance information to HMRC.

Are you ready for RTI?

Recognising that these changes can be somewhat overwhelming, HJS Solutions is running a free breakfast seminar on Tuesday 19^th March, to which local business owners are invited.

Topics for the seminar are Employment Law updates for 2013 and information about the implementation of RTI. It will be followed by a Question & Answer session and a networking opportunity.

The venue is Fleming Park Leisure Centre in Eastleigh.

The rules surrounding parental leave are changing

From 8 March 2013, unpaid parental leave will increase from 13 weeks to 18 weeks. Under this legislation, eligible employees have the right to take up this leave during the first 5 years of their child’s life or, in the case of an adopted child, up to the 5th anniversary of the adoption or the child’s 18th birthday – whichever is sooner.

In order to qualify for parental leave employees must have at least 12 months continuous service and:

1. be the parent (named on birth certificate) of the relevant child, or
2. have acquired formal parental responsibility under the Children’s Act 1989, or
3. be the spouse or civil partner of one of the parents of a child under 5 years old and have acquired formal parental responsibility for the child, or
4. have adopted a child under 18

The employee must also:

• produce evidence relating to their responsibility for the child and the child’s date of birth (or date of adoption) if asked for;
• provide at least 21 day’s notice of the date on which they wish a period of parental leave to begin (which may be postponed by the employer)

Parental leave must be taken in blocks of 1 week and no more than 4 weeks may be taken in any one year in respect of any individual relevant child.

The Company may postpone parental leave if it considers that the operation of the business would be unduly interrupted if the leave were to be taken on the dates requested. If this is the case you then they should be notified within 7 days of submitting their request along with alternative dates between which they could take the leave.

It is advised that you set out the rules surrounding the right to parental leave – which must at the very least comply with the law - in your staff handbook.

Making the most of the appraisal process

With many companies undertaking staff appraisals during the early part of the year, now is an ideal time to review the effectiveness of your appraisal system.

Often, the process consists of running through a checklist of questions and sometimes setting objectives for the next 12 months. The relevant forms are filled in, but in many cases put aside until it's time to start the process again next year.

In a recent study of UK workers, over 34% said they felt that appraisals were a waste of time and did not contribute towards their development.

Most HR professionals accept that appraisals are a good thing - an opportunity for managers and employees to meet and discuss performance, career development and how personal aspirations can be achieved, alongside business goals. It is the environment to review what has gone well, what hasn't, why – and what can be learned for the future.

In some businesses, however, the appraisal process is either not carried out at all, or it becomes an over-complicated “tick-box exercise” that is more about form-filling than the development of people.
Instead of consisting of a list of questions, appraisal meetings are far more productive if they revolve around in-depth, honest conversations. Objectives should be meaningful, with the aim of developing the individual and achieving the business goals. The most effective appraisals are not limited to one annual contact - they include regular reviews.