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News & Blog

Changes to Employment Tribunal Procedure – April 2012

Employment tribunal procedure

  • Deposit orders. The maximum deposit a tribunal will be able to order a party to pay if their claim has little reasonable prospect of success will increase from £500 to £1,000. The change will affect all cases presented on or after 6 April 2012.
  • Costs awards. The maximum amount of costs an employment tribunal can award (without referring the case to the county court for detailed assessment) will increase from £10,000 to £20,000. The change will affect all cases presented on or after 6 April 2012.
  • Witness statements. Where witness statements are used, they will stand as evidence in chief and be taken ‘as read’ at the hearing, unless a judge or tribunal directs otherwise. This applies to all cases presented on or after 6 April 2012.
  • Witness expenses. State funded witness expenses are to be withdrawn. Tribunals will have the power to direct parties to bear the expenses of any witness. The government will withdraw state-funded expenses. The new power will affect claims presented on or after 6 April 2012.
  • Judges to sit alone on unfair dismissal cases. Unfair dismissal cases will be heard by a judge sitting alone without lay members, unless the judge orders otherwise. This will affect all cases heard on or after 6 April 2012. The government have said that progress on this change will be reviewed after a year.
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