Change of Employment Tribunal procedures will save public expense, expert says

Witness statements provided prior to Tribunal hearings will now generally be "taken as read" unless the judge states otherwise. This means that witness will not be required to read their statement aloud at the hearing and the Judge will assume that everybody had read the witness statements.The change has been introduced by the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2012. 

Employment law expert Selwyn Blyth of Pinsent Masons, the law firm behind Out-Law.com, said that the new witness statement rules would help speed up proceedings but would also place greater emphasis on good client briefings.

“In the midst of the increasing number of cases reaching an Employment Tribunal the Government has been trying to find ways to limit the cost of providing for the process to the public purse," he said. "Taking witness statements as read as a general rule will mean that Tribunal cases can be heard faster – cutting the cost of operating the system. In practice many Tribunals were taking witness statements as read in any case."

“The change will mean that Tribunal proceedings will launch straight into witness cross-examinations, which can be quite personal and nerve-wracking for individuals. Subject to the odd exception, witnesses will have little time to adjust and familiarise themselves with the Tribunal environment. This places extra importance on preparing clients for the often hostile cross-examination stage prior to the proceedings starting,” he said.

Another procedural rule change due to come into effect from 6 April is a doubling of the maximum deposit parties would have to pay in order for cases to be heard at Tribunal if a judge considers arguments "put forward by any party ... [to] have little reasonable prospect of success" at the "pre-hearing review" stage. The judge can now require a deposit of up to £1,000 to be paid in order for that party to continue with the claim.

Other changes outlined in the legislation include increasing the general limit Tribunals can order unsuccessful parties to pay to cover the other parties costs from £10,000 to £20,000.

Judges will also be able to order parties in a Tribunal hearing to pay some or all of the expenses incurred by witnesses "for the purposes of, or in connection with, that witness's attendance at the tribunal".

The Government has already announced a raft of other changes to the Tribunal system, including making employees pay to bring claims.