Further thoughts on online employment tribunal judgments

by Laurie Anstis on March 3, 2017

The new online database of employment tribunal judgments has now been live for around three weeks.

In that time it has been consistently and regularly updated. It appears that anything that counts as a “judgment” is uploaded, which includes simple records of withdrawals as well as more substantial decisions.

It is possible to subscribe to email or RSS updates for the database, but with many new judgments being added daily it is beyond even the most dedicated researcher to follow all the new decisions.

There are, though, more selective ways of being updated. For instance, if you are interested in any new TUPE decisions, you can select the TUPE jurisdiction from the drop down menu. If you do that, you will get a list of all the TUPE cases. At the top of that list, the “feed” item is now limited only to TUPE cases. By subscribing to that RRS feed through a feed reader such as Feedly you can then get notified only of any new TUPE cases. Unfortunately it does not seem as though this works for email updates, so has to be done via RSS, which is a little more technical.  Read the rest of this entry »

Online database of employment tribunal decisions now live

by Laurie Anstis on February 9, 2017

The long-awaited online database of employment tribunal decisions is now live and available here.

I am not aware of any formal announcement concerning this, and it is not clear what, if any, cut-off date has been applied for the decisions. Some date from 2016, but at this stage exactly which older decisions are available is unclear. It may be that they are still being processed and uploaded.

The database contains a free text search, along with search by jurisdiction and date, but there is no facility to search by claimant or respondent, other than the free text search.

Thanks to Practical Law for spotting this.

Government review of employment tribunal fees now published

by Laurie Anstis on January 31, 2017

After a very long wait, the government has now published its “Review of the introduction of fees in the Employment Tribunal”. This includes a consultation on proposals for reform of the system, and is available online here.

The lengthy document finds that “the original objectives [of the fee system] have broadly been met” and that “while there is clear evidence that ET fees have discouraged people from bringing claims, there is no conclusive evidence that they have been prevented from doing so”. However, “the review highlights some matters of concern that cannot be ignored” and “the Government has decided to take action to address these concerns.” Read the rest of this entry »

Employment status review(s) – opportunities to get involved

by Laurie Anstis on January 30, 2017

The government, opposition and Parliament are all carrying out reviews of the law on employment status. Prompted by the development of the so-called gig economy, this issue is now attracting serious attention from policy-makers.

Taylor review

The most significant of these reviews is likely to be the Taylor review on modern employment practices.

Commissioned by the Prime Minister, Matthew Taylor (the chief executive of the RSA) and his team (including Diane Nicol of Pinsent Masons) are to report under a number of headings including “security, pay and rights” and “the balance of rights and responsibilities”. At one level this could be seen as simply a review of the different employment statuses – but it is potentially much more wide ranging than that, covering fundamental issues about what statuses should attract what rights. Read the rest of this entry »

Judicial assessment in the employment tribunal

by Laurie Anstis on October 6, 2016

Presidential Guidance has been issued on a new process of  Judicial Assessment in the employment tribunals in England and Wales. This new guidance is applicable from 3 October 2016.

Drawing on the overriding objective and the duty in rule 3 for the tribunal to “encourage the use by the parties of … other means of resolving their disputes by agreement“, this new guidance includes a protocol for employment judges to give “an impartial and confidential assessment … at an early stage in the proceedings, of the strengths, weaknesses and risks of the parties’ respective claims, allegations and contentions“. Read the rest of this entry »