Overview of the Employment Tribunal Procedure Rules 2024
The new Employment Tribunal Procedure Rules 2024 came into force on 6 January 2025. These largely replicate the previous 2013 procedural rules, but with altered numbering and some minor changes to update the drafting and remove ambiguities. The most significant change is a new power authorising the Senior President of Tribunals to allow legal officers to carry out specified judicial functions in Employment Tribunals. A Practice Statement was issued by the Senior President of Tribunals, also on 6 January 2025, setting out the relevant functions that may now be carried out by legal officers under the supervision of an employment judge and in accordance with any applicable Presidential Guidance. These include shortening or extending time limits, giving directions on service of claim forms, certain hearing postponements, case management orders, and orders for preliminary hearings. Within 14 days from the date on which the Tribunal sends notice of a decision made by a legal officer to a party in the proceedings, that party may apply for the decision to be considered afresh by a judge.
Navigating International Witness Testimony: The Latest Guidance of Employment Tribunals
The President of Employment Tribunals in England and Wales has issued new Presidential Guidance on taking oral evidence by video or telephone from witnesses or parties who are located abroad. The Guidance takes effect from 27 January 2025. As acknowledged by the President, for many years oral evidence has been heard remotely in Employment Tribunals without proper consideration of whether appropriate permission was in place from the relevant foreign state. The Guidance states that this position is no longer sustainable since it risks damaging the UK’s diplomatic relations with other states and is therefore contrary to the public interest. As a general principle, parties must now demonstrate that there is no legal or diplomatic barrier to the Tribunal taking oral evidence from within the relevant foreign state. Some states have already given permission for oral evidence to be taken from individuals in their territory, and this can be checked on the Foreign, Commonwealth, and Development Office website. Where a state’s permission has not been given, it must be obtained by contacting the relevant authorities. In all cases, the Tribunal must also be satisfied that allowing oral evidence from abroad is in the interests of justice and consistent with the overriding objective to deal with cases fairly and justly, including through avoiding delay and saving expense.
Equality at Work: The Case for Miscarriage and Bereavement Leave
On 15 January 2025, the cross-party Women and Equalities Committee published a report recommending that the Employment Rights Bill should be amended to provide a period of paid leave to all women and their partners who experience pregnancy loss before 24 weeks (Equality at Work: Miscarriage and Bereavement Leave). The report cites data estimating that more than one in five pregnancies end before 24 weeks, as well as clear evidence that the impacts of loss both pre and post 24 weeks are felt as bereavements. Although the Committee acknowledges that an increasing number of employers have pregnancy loss policies which include paid leave for women and their partners, the report highlights the case for a minimum legislative standard. The Committee’s proposed amendments would give employees who experience a pre-24 week pregnancy loss the same entitlements to leave and pay as are currently available to parents bereaved by the loss of children under 18 and babies after 24 weeks: two weeks leave, paid at the same rate as maternity, paternity and shared parental leave (currently £184.03 per week or 90% of average weekly earnings, whichever is lower). The Committee also proposes that the Government should work with organisations including the CIPD, Acas and the TUC to promote the benefits of pre-24 week pregnancy loss policies. A broad right to one week’s unpaid bereavement leave is currently included in the Employment Rights Bill, but the Government has not yet confirmed whether it intends to support the Committee’s latest proposal.
The Role of Companies and Government in Supply Chain Ethics
The House of Commons Joint Committee on Human Rights has launched an inquiry into the legal and voluntary frameworks underpinning the UK’s response to forced labour in international supply chains. It will also consider whether changes are needed to prevent goods from being sold domestically where their global supply chains are linked to forced labour and where responsibility should lie for preventing those products from entering the UK (for example, with government, regulations, business, or consumers). The inquiry will look at whether all companies should be required to manage the risk of forced labour in their supply chains. This will include considering the level of due diligence it is reasonable to expect from companies and public sector buyers before they decide whether to contract with suppliers. The Committee will also evaluate international approaches to these issues to assess whether there are other effective legislative frameworks that would work well in the UK. This inquiry comes against a background of concern that since the enactment of the Modern Slavery Act in 2015, the UK has fallen behind other countries in its response to slavery in supply chains. For example, the EU has already introduced legislation to prevent goods linked to forced labour from being sold in the EU.
Key Changes to the Employment Rights Bill
The Employment Rights Bill completed its Committee Stage in the House of Commons on 16 January 2025. A total of 264 amendments were tabled to the Bill during this stage, and 149 of these, all Government amendments, were approved. The latest version of the Bill was published on 27 January 2025. We are awaiting confirmation of dates for the report stage and third reading of the Bill, after which it will proceed to the House of Lords. The Government is currently considering its response to four consultations held between October and December 2024, which asked for feedback on aspects of the Employment Rights Bill relating to strengthening statutory sick pay, collective redundancy and fire and rehire, industrial relations, and zero hours contracts. Further amendments to the Bill are likely to be introduced at the report stage in order to take account of responses to these consultations.
Higher Education Reform: Government Moves Forward with Freedom of Speech Act
The Government has announced that key provisions of the Higher Education (Freedom of Speech) Act 2023 will be brought into force. This will include the ban on English higher education providers entering into non-disclosure agreements (NDAs) in relation to sexual misconduct or any bullying or harassment allegations. It is not yet clear when this ban will be implemented. Having been passed by the previous Conservative Government, the Act was due to come into force on 1 August 2024 but was paused after the general election as the new Government was concerned that it was too broad and potentially burdensome for higher education institutions. Following a period of consultation and review, the Government has now confirmed that it will proceed with the ban on NDAs that prevent students, staff, or visiting speakers from speaking about their experiences of sexual misconduct, harassment, or bullying. All universities will be required to have robust codes of practice ensuring the protection of free speech, which will be enforced by the Office for Students. The Government has also confirmed that provisions of the Act considered to be disproportionate or unnecessary will be removed or amended. A policy paper setting out further details on the proposed changes will be published in due course.
