Employment E-Missive No.8
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by Charlie Price, LLB LLM barrister

Pendragon Chambers,
Swansea
SA1 5RG
Tel: (01792) 411188
Fax: (01792 411189
DX 39572, Swansea

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Charles Price specialises in employment and personal injury law and
practises across England and Wales.
This e-mail is for academic purposes only.
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1) New Employment Tribunal Compensation Levels
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Under the Employment Rights (Increase of Limits) Order 2003, from 1st
February 2004 there will be increased levels of compensation available in
the employment tribunal.


The most notable increases are listed below:

1 Section 156(1) of the 1992 Act - Minimum amount of basic award of
compensation where dismissal is unfair by virtue of section 152(1) or 153 of
the 1992 Act: From £3,500 to £3,600.

2 Section 176(6) of the 1992 Act - Minimum amount of compensation awarded by
the Employment Appeal Tribunal where individual excluded or expelled from
union in contravention of section 174 of the 1992 Act. From £5,700 to
£5,900.

3 Section 31(1) of the 1996 Act - Limit on amount of guarantee payment
payable to an employee in respect of any day: from £17.30 to £17.80.

4 Section 120(1) of the 1996 Act - Minimum amount of basic award of
compensation where dismissal is unfair by virtue of section 100(1)(a) or
(b), 101A(d), 102(1) or 103 of the 1996 Act. £3,500 - £3,600.

5 Section 124(1) of the 1996 Act - Limit on amount of compensatory award for
unfair dismissal. £53,500 £55,000.

6 Paragraphs (a) and (b) of section 186(1) of the 1996 Act - Limits on
amount in respect of any one week payable to an employee in respect of debt
to which Part XII of the 1996 Act applies and which is referable to a period
of time. £260 £270.

7 Section 227(1) of the 1996 Act - Maximum amount of "a week's pay" for the
purpose of calculating basic or additional award of compensation for unfair
dismissal or redundancy payment: from £260 to £270.

http://www.hmso.gov.uk/si/si2003/20033038.htm


2) Is it KO for the 'IT1' and 'IT3'forms?
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It could be the end of an era, if the proposals put forward in a recent
consultation paper are implemented we could see the demise of the sterile
sounding ET1 and 3. Instead, the forms will be called the people-friendly,
'Claim' and 'Response' forms.

Rather worryingly for the Applicant, certain measures are being mooted,
which if introduced will make it harder for the Applicant to submit a vague
or late claim. The Claim form would contain specific information and, if not
provided, the form would be rejected. It is not clear at this stage however,
what this particular information would be. Additionally, the circumstances
in which a respondent may gain an extension of time for submitting a
response form are to be more tightly specified. Another measure being
considered is for explicit provision to be made for cases to be struck out
at the pre-hearing review stage and widening the number of claims that can
be struck out at this stage.

All of the measures are an attempt on the part of the Government to limit
the number of employment claims being levelled at businesses but it remains
to be seen if for example, any human rights challenges will prevent the
implementation of such proposals.

To see the consultation document download -
http://www.dti.gov.uk/er/individual/etregs_condoc.pdf

Please contact me if you have any comments!