New Procedural Rules Published...
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New Employment Tribunal Procedural Rules

The The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 have been published.  They arise from the fundamental review of employment tribunals, carried out by Underhill LJ (then Underhill J) last year.

Here are some of the key points:-

  • more details of how tribunal fees will work.  In particular, a tribunal will reject a Claim Form if it is not accompanied by the fee (or a remission application).  If the hearing fee is not paid by the due date (set out in the hearing notice), the tribunal will write to the Claimant giving a deadline for paying the fee or making a remission application, in lieu of which the claim will be dismissed without further order.  There is a discretion to reinstate the claim if the fee is paid (or remission application made) after the deadline has passed
  • important changes to the rules on default judgments, including the ability for a Respondent to apply for an extension of time outside the 28 day period for lodging the Response Form
  • an initial paper sift by an employment judge of all Claim Forms and Response Forms, to check there is an arguable claim and defence (with a right to present submissions in writing as to why the claim/response should not be dismissed if the judge thinks there is no arguable point)
  • several changes to nomenclature and practice, including 'case management discussions' and 'pre-hearing reviews' being merged into 'preliminary hearings'
  • more case management powers for employment judges, including specific provisions relating to 'Unless' Orders and a power to conduct a hearing by email(!)
  • changes to costs rules, including the power for employment judges to carry out detailed assessments of costs (removing the £20k cap)

Enjoy - they're drafted in plain English, not legalease, which is good as they are mandatory reading for any litigators.  I'll be explaining them at the Employment Law MasterClasses I'm running throughout July (Edinburgh, Cardiff, Birmingham, Manchester, London).

The new Regulations come into force for claims where the Respondent receives a copy of the claim form from the tribunal on or after 29th July 2013.

Employment Law Manager/Senior Manager

Global Professional Services Organisation

Our client is a world leader in the provision of tax, audit, consultancy and other advisory services. As an additional strand to the array of services on offer, they are now able to provide institutional clients with a range of employment and other legal advice.
We are currently seeking 2 lawyers, one at manager level (4 PQE +) and one at senior manager level (7 PQE +), with a wide range of contentious and non-contentious experience. These hires will supplement a rapidly growing employment law offering, handling the usual day-to-day employment law queries like discipline and grievances, holiday pay, absence management and restrictive covenants.
Applicants will be skilled in drafting employment-related contracts, policies and procedures. More senior lawyers will supervise junior team members and will have demonstrated excellent business development skills in their careers to date. Experience of advising alongside other professionals (such as tax or immigration advisers), and project managing the employment elements of cross-border transactions, would be valuable. The work is mainly non-contentious but there will also be an element (probably no more than 30%) of contentious work.
For further information, please contact Justin Gyphion at Taylor Root or apply for the manager level position or the senior manager level role.

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Case summaries are written by a panel of about 40 specialist employment lawyers. Click here to see who they are.
Daniel Barnett is a barrister with 20 years’ experience litigating and advising in employment, HR and associated litigation. He is primarily a litigator, described in legal directories as “tenacious”, “inexhaustible” and “an excellent advocate” (see testimonials). He has been instructed by a Royal Family, international airlines, various FTSE-250 companies, local authorities, NHS Trusts, as well as a myriad of SMEs. Employee clients range from senior executives of quoted companies through to David & Victoria Beckham’s nanny. His specific areas of interest are post-termination restrictive covenants, age discrimination and retirement issues, industrial law (strikes), employment agencies and permanent health insurance disputes. He practises from Outer Temple Chambers, a highly regarded set of Chambers in London.
Outer Temple Chambers’ employment and discrimination team is an important player in the field. We have acknowledged expertise representing both employer and employee, covering all aspects of collective and individual employment law, including High Court breach of contract and injunction proceedings, and all aspects of individual and collective employment rights.

We appear regularly in the civil courts and tribunals, before the Central Arbitration Committee, all appellate courts, and in mediations. Members of our team also accept instructions to act as external decision-makers, and to advise public and private sector employers and service-providers.

Major test-cases in which members of the team appeared in 2010 include British Airways v Williams [2010] UKSC 16, which will determine the holiday pay of thousands of individuals across the aviation industry; Sagoo & ors v Birmingham City Council, believed to be the largest of the vast multi-claimant local authority equal pay cases; and USA v Nolan [2010] EWCA Civ 1223, which will affect the consultation rights of workers across Europe in relation to redundancy.

Members of Chambers who advise and represent in employment law disputes, listed in order of call (experience), are:-

  • Richard Lissack QC
  • Gerard McDermott QC
  • Andrew Short QC
  • Mark Mullins
  • Keith Bryant
  • Natasha Joffe
  • Daniel Barnett
  • Naomi Cunningham
  • Andrew Allen
  • Benjimin Burgher
  • Lydia Seymour
  • David Grant
  • James Arnold
  • Naomi Ling
  • Oliver Assersohn
  • Eleanor Davison
  • Michael Uberoi
  • Farhaz Khan
  • Saul Margo
  • Ben Bradley
  • Clare Baker
  • Samantha Cooper
  • Robert Dickason
  • Keira Gore
  • Nicholas Hill
  • Will Young

Please see for further details.
For further information, or to enquire about his
availability, please contact Daniel Barnett's clerks on 020 7353 6381 or visit
Daniel Barnett
Outer Temple Chambers
The Outer Temple
222 The Strand
London, WC2R 1BA
Tel: 020 7353 6381
Fax: 020 7583 1786
Document Exchange: LDE 351 (Chancery Lane)