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Thursday 31 May 2012

Changes to the Employment Tribunal System

The Resolving Workplace Disputes consultation took place last year and the Government's response to the consultation was published on 23 November 2011. Ministers invited Mr Justice Underhill to undertake a fundamental review and recommend a revised procedural code for employment tribunals by the end of April 2012.  The revision should enable workplace disputes to be resolved more quickly, reduce pressure on the employment tribunal system and save money for employers and the taxpayer.

Some changes came into force on the 6th April.  New employees now need to be employed for two years to gain the right to claim unfair dismissal.  The amount of a deposit that an Employment Tribunal can order the claimant to pay for them to be permitted to continue with their claim (deposit order) increased from £500 to £1,000.  Unfair dismissal cases can now be heard by a judge sitting alone.  Witness statements may no longer be read out loud and witnesses expenses may be payable by the losing party.  The amount of costs an employment tribunal is able to award has risen from £10,000 to £20,000.

The aim of these changes is in part to discourage “frivolous” claims.  However claimants can and often do instruct “no win no fee” solicitors so it is uncertain how effective these changes will be.

The overall average award made by Employment Tribunals was £14,222 in 2010-11.  Small to medium sized businesses may find it more difficult to keep up with employment law.  Directors’ & Officers’ Liability Insurance including an employment practices liability extension will provide that added peace of mind. If you would like any information about this and other insurance policies, please just get in touch.


Saturday 19 May 2012

The Unforeseeable…..

Employees were sorting rubbish on a conveyor belt at a waste transfer station.  One member of staff picked up a house brick and threw it at a colleague.  The house brick struck the colleague on the forehead.  The employee who threw the brick asserted that his colleague jumped up to head the brick as it flew past him.  Unfortunately for their employer this explanation was not considered by the judge to be mitigating and so a hefty compensation claim ensued.

It is impossible to legislate for the silly things people do.  Accidents happen because of a momentary lapse of thought.  We’ve probably all done it.  I still remember cleaning a pair of scissors and running my finger along the blade and thinking the next second, as I watched the blood ooze “Why?!!” (The rest is unprintable).

We rely on our subconscious to automatically get things done every minute of the day.  And sometimes we get it wrong.  And accidents happen.

So we need to insure ourselves against the risks we all take.  Some impossible to foresee or guard against.  We need to insure ourselves because the totally unforeseen can, sadly, cost our businesses a lot of money.

Saturday 12 May 2012

Employers’ Liability Tracing Office


The Employers’ Liability Tracing Office (ELTO) aims to help identify the relevant Employers’ Liability insurer quickly and efficiently. ELTO is an independent, not-for-profit company set up to provide claimants and their representatives with quick and easy access to a database of ELI policies.

Employers’ Liability Insurance (
ELI
) covers employers against liability for injuries or disease sustained by employees while at work. Most claims are brought against current or recent employers but problems can arise when a former employer and insurer needs to be traced.

This is particularly common in the case of "long-tail" industrial diseases such as asbestosis and mesothelioma when symptoms take some years to develop.

ELTO has built and will maintain a complete electronic database of all new and renewed ELI policies. ELTO is not a compensatory body but provides a tracing service. Currently over 95% of the ELI market is already signed up as members of ELTO.

To help with this tracing new rules from the FSA require insurers and brokers to collect additional information about employees.

As of
April 1st 2012
this is mandatory although some insurers and brokers have been collecting this information for the past year.

The additional information required is the Employer Reference Number (ERN) of your employees and any employees of subsidiary companies. The ERN is also known as the Employer PAYE Reference. When employers register their first member of staff the HMRC issues an ERN unique to every employer.
 

If you need any help identifying your ERN please just give me a call.