Hot off the press: Employment tribunal claims stayed – reassuring news for employers
A Presidential Case Management Order has today been issued ordering that “all claims or applications” brought to the Employment Tribunal in reliance on the Supreme Court decision in R (on the application of Unison) v Lord Chancellor 2017 “shall be stayed to await decisions of the Ministry of Justice and Her Majesty’s Courts and Tribunals Service in relation to the implications of that decision.”
Whilst this seems to refer to all new claims which could not previously have been brought under the fees regime, there is specific reference to rules 11 and 40 which only relate to the rejection or dismissal of claims which had not paid the requisite fee.
It therefore appears that this Order seeks to stay claims and applications by Claimants who wish to reinstate claims that were previously dismissed, or struck out for non-payment of fees. We now have to wait until the Ministry of Justice and HMCTS have decided how to proceed.
This Order provides a reassuring stay of proceedings for employers who may face an influx of claims from Claimants which were previously struck out or dismissed for failure to pay the requisite fees.
We will continue to keep you updated as more announcements are made following the important finding of the Supreme Court. If you have any queries don’t hesitate to contact us and for our full update on the Supreme Court’s decision, read here, or if you are concerned about how this will affect you and your company, you can get in touch with our expert Nick Jones.