Guidance for employers on the claims process, tribunal hearing and settlement of claims
On 26 July 2017, the Supreme Court ruled that the regulations introducing tribunal fees in July 2013 were unlawful. Employment tribunals stopped accepting fees with immediate effect. This may lead to an increase in claims, and it is not yet clear whether the government will choose to introduce a new form of fees system at a later date. (For more on this issue, go to What issues arise from the abolition of employment tribunal fees?)
Tribunal claims are inextricably linked with the procedures employers and employees should follow before disputes reach the tribunal (see our Discipline and grievance procedures Q&As).
Compromise and settlement
The important rules currently governing settlement agreements are generally contained in the Employment Rights Act 1996, especially section 203. However, other legislation is also relevant. For example, numerous pieces of legislation all mention the inability to contract out of the relevant employment rights unless by way of a formal agreement.