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Do employment tribunal fees lead to more contentious claims?

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first_imgRelated posts:No related photos. One Response to Do employment tribunal fees lead to more contentious claims? Do employment tribunal fees lead to more contentious claims?By Orla Bingham on 14 Nov 2014 in Vexatious claims, Employment law, Personnel Today, Employment tribunals This article is such rubbish that I really don’t know where to start. In fact, I can’t be bothered. Utter garbage. Previous Article Next Article View all posts by Orla Bingham → Tribunal fees were meant to spell the death knell for vexatious employment claims by ensuring that only claims with serious merit would go before tribunal. But evidence is mounting that fees may, in fact, be encouraging more contentious employment disputes, argues Orla Bingham, a solicitor at law firm Nockolds.It is often the case that when the state intervenes in a specific market a distortion can arise. We are now seeing evidence that the introduction of fees for employment claims is having the unintended consequence of leading to more contentious disputes.XpertHR resourcesWebinar: early conciliation and tribunal feesQuick reference: employment tribunal feesHow to get the most out of early conciliationHow to use a settlement agreement to resolve an employment issueIt has been widely publicised that the number of claims received by the tribunals is falling. This decline precedes the introduction of fees, and has been the pattern for a large number of years. It has been argued that, given the long term downward trajectory in the number of claims, the system was functioning reasonably well and that government intervention – at least in the form of fees – was not needed. Whatever the truth of that statement, claims have been falling, and have halved again over the past year following the introduction of fees in July 2013.Data shows that tribunal fees led to more contentious claimsData obtained from Acas paints a different picture. Over the past year – neatly coinciding with the introduction of fees – there has been a sharp rise in the proportion of employment claims referred to Acas that are progressing to a full hearing – 25.7% of cases in 2013/14 (14,930) referred by the tribunals to Acas were ultimately heard, a significant increase on the 20.4% heard in 2012/13 (13677). So, despite the falling absolute number of claims, the number progressing to a hearing has risen from 13,677 to 14,930, a significant jump of 9.2% over the past year.If we agree that hearings are more burdensome than claims per se, then in many cases it is clear that the “burden” of the tribunal system has increased. Further, there is every reason to believe that the fees themselves may be to blame for this trend.Why is the burden of tribunals increasing?The reason for this is that once claimants have paid their fees (the point at which a claim is submitted, and again when the hearing date is confirmed) they are non-refundable, which gives claimants little incentive not to pursue the dispute to a hearing. This is particularly true if the settlement being offered is of low value and they feel that they might win more in tribunal. Once a claimant has handed over what, to many, will be a considerable sum of money (up to £1,200 for most claims), many settlements in the low few thousands will appear only marginally tempting.It could also be argued that the introduction of fees has weeded out a certain proportion of vexatious claims and that those being brought are much higher quality. There may be some truth in this, but we cannot escape the fact that the absolute number of hearings is up by more than 9%. Even if claims were of a better quality, surely employers would be more likely to settle early, thereby avoiding a costly hearing?There is an argument to be made that fees should be refunded if a claim is settled and does not progress to a hearing. This would dissuade claimants from pursuing claims all the way to a hearing in the hope of securing a better outcome. It would be interesting to know what the justification is – if any – for the tribunal retaining fees when a hearing has not taken place, particularly when the avowed reason for introducing fees was that claimants should meet the costs of the tribunal system.How HR can avoid problems caused by tribunal fees?For HR professionals, the increased likelihood of a hearing has several practical implications. Consideration needs to be given as to whether any low settlement (ie under a few thousand pounds) will be sufficient to dissuade a claimant from taking the claim to a full hearing. Certainly, fees should be factored in and separated out in any settlement award, so that claimants can see that they are getting a settlement plus fees on top. This may mean that at the lower end the median cost of a settlement rises as fees are factored in.HR professionals may need to give greater consideration to offering settlement agreements at the point the employment relationship ends, to avoid heftier pay-outs at a later stage and the administrative and financial burden of defending a tribunal claim to a final hearing.Employers may also need to engage sensibly in the Acas early conciliation process, a compulsory mediation hurdle employees have to clear before a claim can even be submitted. Introduced in May 2014, its design was to facilitate more early settlements between parties, although employees and employers are not obliged to negotiate in a reasonable fashion.If a sensible offer is put forward at this early stage, however, a potential claimant is more likely to accept a smaller settlement sum before having to pay tribunal fees, and to avoid having to do so in the future. Richard Dunstan 14 Nov 2014 at 4:07 pm # About Orla Bingham Orla Bingham is an Employment Solicitor at Payne Hicks Beach last_img read more

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Why you need to save the date for CU FinHealth20!

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first_imgThe San Antonio Riverwalk continue reading » We are thrilled the announce the date and location of next year’s Credit Union FinHealth20 Conference! Mark your calendars for April 27th for the 5th annual conference in San Antonio, Texas! This is a joint conference between the Foundation, California and Nevada Credit Union Leagues and the Cornerstone Credit Union Foundation.Credit Union FinHealth brings together leading experts and practitioners in financial health to discuss how credit unions are measuring their members’ financial health, working to improve it and documenting the results. The conference also explores the connections between financial health, physical health, technology and advocacy.One of the three pillars of the Foundation’s work is to Ignite understanding, passion and focus on member financial health by providing tools and resources so credit unions are recognized as national financial health leaders. This conference is a way for us to do JUST that.Understanding people’s financial health benefits members, communities and drives growth for credit unions. Financial health is the future of credit unions’ relevance in the financial services marketplace.center_img ShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblrlast_img read more

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Scott is great late to win IMCA Modified feature at Marshalltown Frostbuster

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first_imgJohnny Scott found the top side of the track to his liking in racing from 18th starting to win Friday’s IMCA Modified Frostbuster feature at Marshalltown Speedway. (Photo by Bruce Badgley, Motorsports Photography)MARSHALLTOWN, Iowa (April 7) – Johnny Scott was understandably impressed by the quality of the IMCA Modified feature field at Marshalltown Speedway’s Frostbuster special Friday night.The New Mexico native, now racing out of Cameron, Mo., was the most impressive, racing from 18th starting to top the $1,000 to win event ahead of Kyle Brown and Hunter Marriott.“There were a lot of good cars here tonight. We got a break when we got a caution with five or six laps to go and restarted seventh,” he said. “I stayed on the outside, ran side-by-side with Kyle and finally cleared him for the lead coming to the white flag.”“Everything worked out for us,” Scott added. “We’ve run in the top five at Marshalltown before and it feels good to finally win here.”Chris Simpson and Clint Luellen completed the top five finishers. Scott was already on the Fast Shafts All-Star Invitational ballot.More than 160 cars were entered for the first of three weekend Frostbusters. Boone Speedway hosts the Saturday event, Benton County Speedway at Vinton the Sunday show.Newton High School sophomore Ethan Braaksma got on the road to Marshalltown right after class on Friday and drove to his career first Karl Chevrolet Northern SportMod feature win.Starting his second full season in the division, Braaksma drew the pole, found the top side to his like and led another field full of heavy hitters to the checkers.“I kind of held my line and drove away with it,” he said. “I couldn’t find anything on the bottom so I went back to the top.”Runner-up was Sam Wieben and Austin Luellen was third.Damon Murty won the IMCA Sunoco Stock Car feature, ahead of Jay Schmidt and Randy Brands. Benji Irvine got the best of his IMCA Sunoco Hobby Stock foes, with Nathan Ballard second and Eric Stanton third.Feature ResultsModifieds – 1. Johnny Scott; 2. Kyle Brown; 3. Hunter Marriott; 4. Chris Simpson; 5. Clint Luel­len; 6. Adam Larson; 7. Todd Shute; 8. Jason Wolla; 9. Jacob Murray; 10. Jesse Hoeft; 11. Josh Gilman; 12. Ronn Lauritzen; 13. Jimmy Gustin; 14. Casey Skyberg; 15. Trent Jackson; 16. T.J. Smith; 17. Joel Rust; 18. Tim Lemirande; 19. Adam Reed; 20. Gatlin Leytham; 21. Jenae Gustin; 22. Racer Hulin; 23. Mike Van Genderen; 24. Justin Medler.Stock Cars – 1. Damon Murty; 2. Jay Schmidt; 3. Randy Brands; 4. Mitch Hovden; 5. Justin Temeyer; 6. Tyler Pickett; 7. Angel Munoz; 8. Larry Karcz; 9. Kyle Brown; 10. Jake Nelson; 11. Bret Koehler; 12. Jeremy Swanson; 13. Abe Huls; 14. Trent Murphy; 15. David Bouche; 16. Chris Wiltse; 17. Dave Atcher; 18. Tyler Muirhead;19. Todd Reitzler; 20. Jerry Winkler; 21. Jeff Mueller; 22. Michael Murphy; 23. Kevin Balmer.24. Brendon LaBatte.Northern SportMods – 1. Ethan Braaksma; 2. Sam Wieben; 3. Austin Luellen; 4. Jake McBirnie; 5. Johnathon Logue Jr.; 6. Carter VanDenBerg; 7. Wyatt Block; 8. Brandon Schmitt; 9. Hunter Parsons; 10. Tim Warner; 11. Chase Rudolf; 12. Kyle Olson; 13. Thomas Egenberder; 14. Vince Engebregtsen; 15. Lynn Brockett; 16. Dan Melton; 17. Kevin Bethke; 18. Scott Williams; 19. Dusty Masolini; 20. Cory Pestotnik; 21. Jon Schultz; 22. Brett Meyer; 23. Joey Schaefer; 24. Ja­son Mason.Hobby Stocks – 1. Benji Irvine; 2. Nathan Ballard; 3. Eric Stanton; 4. Shannon Anderson; 5. Billy Rhoades; 6. Eric Knutson; 7. Aaron Rudolph; 8. Clint Nelson; 9. Bryce Sommerfeld; 10. Shawn Kuennen; 11. Luke Bird; 12. Garrett Eilander; 13. Tyson Overton; 14. Dustin Graham; 15. Justin Wacha; 16. Eugene Nicklas; 17. Ryan Wells; 18. Solomon Bennett; 19. Gary Pfantz; 20. Leah Wroten; 21. Dylan Nelson; 22. Kenny Hay; 23. Brian Derry; 24. Brandon Cox.last_img read more

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