New Tribunal Procedure Rules

CONTENTS
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1. New Tribunal Procedure Rules
2. Advertisement - Boodle Hatfield


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1. NEW TRIBUNAL PROCEDURE RULES

The Employment Tribunals (Constitution and Rules of Procedure) Regulations
2001 come into force today, replacing the 1993 Regulations of the same name.
They apply to all tribunal proceedings, irrespective of when (or if) the case commenced.

The full Regulations can be downloaded from http://www.legislation.hmso.gov.uk/si/si2001/20011171.htm (and see http://www.legislation.hmso.gov.uk/si/si2001/20011459.htm for the amendment to the commencement date from 18th April 2001 to 16th July). They are already included in the latest update to Harvey on Employment Law at [R-1317].

The important changes are:

(1) introduction of an "overriding objective" to deal with cases "justly", which is defined to include ensuring the parties are on an equal footing, saving expense and dealing with cases in a way that is proportionate to the issues. The parties are placed under a duty to assist the tribunal in furthering the overriding objective. Users of the civil courts will recognise this formula from the Civil Procedure Rules. Applicants may wish to rely on this to persuade tribunals to order Respondents to share the cost of instructing experts. This 'proportionality' requirement may go some way towards limiting the effect of the recent House of Lords decision in Anya v Oxford University (see bulletin dated 24/3/01), which obliged tribunals to investigate every detailed historical allegation of less favourable treatment in discrimination cases.

(2) late IT3s are no longer deemed to include an application to extend
time. Such an application must now expressly be made (the old position being that there was a 'deemed' application if reasons for the delay were given when lodging the IT3).

(3) the costs rules have changed, so that the tribunal has power to award
costs if a party - or his/her representative - has acted "vexatiously, abusively, disruptively or otherwise unreasonably, or the bringing or conducting of the proceedings by a party has been misconceived". The introduction of the 'misconceived' test should, in theory, increase the number of costs orders made. Further, the tribunal now has power to assess costs in the sum of up to £10,000 (increased from £500). The ability for the parties to agree a higher sum of costs, or for the tribunal to refer the costs to the county court for taxation, remains.

(4) the rules relating to giving directions as to evidence have been simplified.

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2. ADVERTISEMENT
EMPLOYMENT SOLICITOR VACANCY
BOODLE HATFIELD OXFORD

Boodle Hatfield is a leading firm with 33 partners and a total of 170 staff, most of whom are in London with 40 in our central Oxford office.

Our renowned employment law team, led by Russell Brimelow and Warren Wayne, has developed a very high profile. All members of the team are encouraged to be involved in our broad range of work with blue chip clients, whether advising on legislation, drafting contracts, training line managers and HR professionals or representing clients in employment tribunals.

Due to ongoing expansion Boodle Hatfield is looking for an additional Assistant Solicitor to work alongside Russell Brimelow in our Oxford office, ideally with 4-5 years PQE. This is an ideal opportunity with excellent prospects if you want a change of environment and are looking to establish your own practice with a leader in the field.

In addition to quality experience of contentious and non-contentious employment law, you will be a strong team player, able to meet tight deadlines, with excellent communication skills and a practical approach to problem solving.

We offer a competitive salary and benefits package, combined with high quality work and a friendly environment. For more details please look at our website: www.boodlehatfield.com

To apply please send your CV plus covering letter outlining why you are suitable for this role, to:

Joan Bradshaw, HR Manager, Boodle Hatfield, 61 Brook Street, London W1K 4BL
e-mail: jbradshaw@boodlehatfield.com

Alternatively, for an informal discussion, please phone Joan Bradshaw on 020
7318 8126