A leading employment lawyer says that the cost of tribunals for employers could dramatically fall if plans go ahead to reform tribunal procedures.
Tim Jones is head of Higgs & Sons’ employment team and a trained mediator with ADR Group, Talk Mediation and the Association of Midlands Mediators.
He is an experienced advocate and has appeared in Employment Tribunals nationally for clients including Marstons.
He believes that if the proposed changes go ahead, the costs for owners of small to medium sized businesses could fall substantially.
“Tribunal cases have soared in recent years and government proposals are being brought forward to reduce the volume of tribunal hearings by encouraging more workplace-based mediation to resolve disputes.
“The objective is to encourage solutions out of court so that business owners can avoid time-consuming and often expensive court appearances. In addition to this, the Government obviously wants to cut its costs in these difficult financial times as the annual budget for employment tribunals nationally is in the region of £80 million.
“Mediation must be part of the process. For employers, early resolution is good for everyone.
It cuts expensive court time and allows businesses to get on with what they are good at – creating jobs and making money.”
In the Resolving Workplace Disputes consultation paper a number of more business-friendly proposals are put forward. These include:
• Increasing the qualification period for claiming unfair dismissal from one year to two, which should reduce the number of claims by 3,700-4,700 (6.4%-8.2% of last year’s total number?).
• Charging claimants a fee to lodge tribunal claims, and requiring all claims to go to the Advisory, Conciliation and Arbitration Service (Acas) first, before proceeding to the employment tribunal, which could potentially reduce annual claims by another 12,000.
• Introducing a more flexible strike-out power and allow judges to issue a deposit order at any stage of the proceedings.
• Shorter hearings, for example with statements taken as read and more judges sitting alone.
According to Tim, the cost savings for employers could be dramatic: “An average employment tribunal hearing could cost upwards of £20,000. If mediation were brought in at an early stage, matters could be resolved for as little as a few thousand pounds.
“I would encourage employers to welcome these new changes.”
The consultation period for Resolving Workplace Disputes ends on 20 April 2011.
Showing posts with label tim jones. Show all posts
Showing posts with label tim jones. Show all posts
Wednesday, 6 April 2011
Wednesday, 12 May 2010
Genuine applicants need only apply for compensation
A recent age discrimination case which saw the litigant try but fail to claim compensation from 20 different recruitment consultancies is a victory for common sense says one of the region’s leading employment lawyers.
Tim Jones, head of Higgs & Sons’ employment department and one of the region’s leading employment lawyers, says that the case of 51-year-old Margaret Keane could serve as an authority that a job application must be genuine before a statutory disadvantage can be suffered.
“Ms Keane brought age discrimination claims against 20 recruitment agencies,” said Tim. “An experienced accountant with nine years in a senior management role, in 2007 she applied for 20 positions advertised for recently qualified accountants. When she did not receive any job interviews, Ms Keane began age discrimination proceedings against the recruitment agencies.
“Some agencies settled immediately but 11 appeared before an employment tribunal. Six of the 11 settled during the proceedings but the case was dismissed against the remaining five on the basis that she had no interest in the vacancies, but simply wanted to claim compensation. The tribunal also awarded costs against Ms Keane.”
Tim Jones believes that the case is a victory for common sense and warns local businesses to be aware of other serial litigants trying similar things. “Mr Justice Underhill said his judgement could serve as an authority that an application must be genuine. We would suggest that any recruitment agency or employer who has a case brought against them seeks legal advice from the outset.”
To find out how Tim or his team can help you and your business, call directly on 0845 111 5050 or email tim.jones@higgsandsons.co.uk.
Tim Jones, head of Higgs & Sons’ employment department and one of the region’s leading employment lawyers, says that the case of 51-year-old Margaret Keane could serve as an authority that a job application must be genuine before a statutory disadvantage can be suffered.
“Ms Keane brought age discrimination claims against 20 recruitment agencies,” said Tim. “An experienced accountant with nine years in a senior management role, in 2007 she applied for 20 positions advertised for recently qualified accountants. When she did not receive any job interviews, Ms Keane began age discrimination proceedings against the recruitment agencies.
“Some agencies settled immediately but 11 appeared before an employment tribunal. Six of the 11 settled during the proceedings but the case was dismissed against the remaining five on the basis that she had no interest in the vacancies, but simply wanted to claim compensation. The tribunal also awarded costs against Ms Keane.”
Tim Jones believes that the case is a victory for common sense and warns local businesses to be aware of other serial litigants trying similar things. “Mr Justice Underhill said his judgement could serve as an authority that an application must be genuine. We would suggest that any recruitment agency or employer who has a case brought against them seeks legal advice from the outset.”
To find out how Tim or his team can help you and your business, call directly on 0845 111 5050 or email tim.jones@higgsandsons.co.uk.
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