Tribunals’ Annual Report – What significant changes has the last year brought to Employment law?

Tribunals’ Annual Report – What significant changes has the last year brought to Employment law?

Tribunals’ Annual Report – What significant changes has the last year brought to Employment law?
 

Tribunal fees continue to be an increasing barrier for many claimants seeking to bring a claim. There have been less than half as many single claims received in the tribunal in 2014/2015 compared to 2013/2014. Trade Union Unison challenged the implementation of the fees in 2014 and in 2015 had its appeal dismissed by the Court of Appeal. It is understood that they are seeking permission to take the matter to the Supreme Court.
 

The ACAS Early Conciliation scheme was introduced in 2014 which required parties to consider settlement before going to court. There have been two important changes to the ACAS procedure. Firstly, employees cannot look up an employer’s address on the system any longer. Secondly, it is now permitted to name a representative for the purpose of ACAS conciliation.


The ACAS Code of Practice relating to Disciplinary and Grievance Procedures has been amended so as to confirm the right for the employee to be accompanied during either the disciplinary or grievance procedure.
 

For Claims commencing on or after 1 July 2015, the Deductions from Wages (Limitation) Regulations 2015 imposes a two years limitation on most back-dated claims for unpaid wages (including holiday pay).
 

A Northern Ireland case determined in 2014 provides persuasive authority for England and Wales tribunals to consider voluntary overtime as part of the calculation of holiday pay.
 

The Case of Hainsworth v Ministry of Defence [2014] found that an employee does not have a duty to make reasonable adjustments under discrimination law for an employee who is associated with someone who has a disability.

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