CHANGES TO EMPLOYMENT TRIBUNALS: WHAT YOU NEED TO KNOW

RMT helpline 0800 376 3706 :: july/aug 2014 :: RMTnews 23 LEGAL CHANGES TO EMPLOYMENT TRIBUNALS: WHAT YOU NEED TO KNOW In keeping with its staunch efforts to strip workers across the country of their basic rights and protections, this government has recently made changes to the way that workers can seek redress at employment tribunals which are already having a damaging effect on workers’ access to justice. Together, the RMT and Thompsons Solicitors, are working hard to stand up for members’ rights and are doing everything we can to mitigate the effects of the changes. WHAT HAS CHANGED? Employment tribunals are one of the most common ways in which workers who are dismissed, suffer discrimination or are not paid correctly, can seek redress - provided they meet the legal criteria. As if employment tribunals were not already complex enough, this government, which has stamped all over workers’ rights at every opportunity to help their friends in business, have made them even more inaccessible. Potential claimants used to have to fill out a simple form to lodge a claim against their employer. This form has now been abolished, and claimants are left with a bureaucratic minefield, which if not navigated correctly will lead to their claim being unsuccessful, or not heard at all. In addition to this, fees for employment tribunals were introduced in July 2013. While the costs vary depending on the type of case, there has been a dramatic drop in claims making it to a tribunal as well as appeals, because potential claimants - victims of wrongdoing - are being deterred from even starting claims against their employers in the first place. This is precisely what the government intended to happen: creating a less ‘difficult’ environment for business at the expense of justice for mistreated workers across the country. Employment tribunals: the key points There are strict timetables in place for those hoping to bring a case to a tribunal and, before anything can happen, members must submit to conciliation and have a certificate to prove they have done so, should it not resolve the dispute. Claimants can start this process by filling out an early conciliation form on the Acas website. Members should also be aware that there is a time limit for all cases to go to ACAS Early Conciliation: three months less one day from the date of dismissal, the date of the discrimination, or of non- payment. It is not from the date of appeal. An employment tribunal can reject a claim if: • It is out of time; • It is on the wrong form; • Insufficient details have been given; • There is no fee with the ET1 form where remission has not been sought or granted; • The ET1 form does not show that you have been to ACAS Early Conciliation. HERE TO HELP RMT can pay any fees and can represent you if the case is brought to a tribunal. RMT and your Legal Service are determined not to see members suffer as a result of the government’s contempt for workers’ rights. Thompsons, RMT regional officers and representatives are here to listen to and help any member who has been dismissed, suffered discrimination or unlawful deduction of their wages. They are always at the end of a phone and are ready to be consulted. To access the Legal Service, simply call 0800 587 7516 and quote your RMT Membership number to the adviser.