Aycliffe Today Business AT Business Issue 30 | Page 27

The magazine for Aycliffe Business Park | 27
Endeavour Partnership partner
and head of employment,
Stephen Elliott.
Business
owners advised
on changing
employment
tribunal laws
Stockton law firm, Endeavour Partnership,
is advising businesses to update their staff
procedures in light of recent news that fees
for those bringing employment tribunal
claims have been ruled unlawful, and the
government will now have to repay up to
£32m to claimants.
The changes took place in August, and
Stephen Elliott explains: “This was one of
the most significant rulings the employment
sector has faced in many years as the
Supreme Court has ruled that the fees that
claimants have to pay in order to both start
their claims and have them listed for hearing
are unlawful.
“This brings sweeping changes for
businesses of all sizes as manty return to
work after the summer break.”
In 2013, the government introduced
fees of up to £1,200 in an attempt to
address the mounting costs of running the
Employment Tribunal system, but that led
to a 79% reduction in claims. Trade union
Unison argued the fees prevented workers
accessing justice.
Stephen explains what’s happened
recently: “At the start of August, the Ministry
of Justice said the government would take
immediate steps to stop charging and to
refund payments as the Supreme Court
ruled the government was acting unlawfully
and unconstitutionally when it introduced the
fees.”
Endeavour Partnership, commercial legal
experts based at Teesdale, are now warning
that there’s the chance that those people
who chose not to bring a claim because of
the fees order in the past, may now change
their minds and decide to due to the legal
amendments.
Stephen added: “August’s Supreme
Court decision, while clearly rooted in valid
concerns about access to justice, does once
again raise for employers the spectre of
ex-employees being able to bring weak or
spurious cases on the basis that, now there
are no fees to pay, they have “nothing to
lose”.
“For businesses who are already facing up
to the serious challenges caused by Brexit
and the resulting economic uncertainty, this
additional risk is most unwelcome.”
These are Stephen’s top three tips for
businesses:
- Speak to a specialist employment solicitor
if you’re concerned it could be possible a
claim may be brought
- Make sure all the correct procedures are in
place for dealing with staff grievances and,
where necessary, disciplinary procedures
- Ensure the business conforms with ACAS
procedures and seeks appropriate legal
advice if in doubt
Endeavour employs a team of 54 and
has a reputation spanning over 16 years,
providing high quality advice on a range of
business law matters including mergers
and acquisitions, intellectual property,
employment, commercial property and
corporate recovery and insolvency from its
headquarters at Teesdale in Stockton.
For more information visit www.
endeavour.law