Weeding out Tribunal Claims

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We have already notified in previous blogs that with effect from 29th July, 2013, a claimant will be required to pay a fee to lodge a claim in the Employment Tribunal. There is further good news for employers in that in addition to the introduction of the charges to lodge a claim, once an employer responds to a claim from an employee and the response is received by the employment tribunal, the case will now be referred to a judge for an initial sift to identify whether it is a claim for which the tribunal does not have the jurisdiction to consider, for example the claim has been made out of time, or to identify the employee’s reasonable prospect of success. If such a case is identified, the Judge will write to the claimant asking them to provide full written reasons why their claim should not be struck out. A deadline will be given by which time if no response is received the claim will be automatically struck out. If a reply is received, the Judge will usually hold a preliminary hearing to consider the matter further.

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