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The following gives details of the
planned changes. Rules of procedure.
Raise in ceiling on costs which the tribunal
can award where a party to a case has acted
vexatiously or unreasonably from £500 to
£10,000. Power to strike out weak cases.
There will be a new provision enabling the
tribunal to strike out, at any stage in the
proceedings, an application or response
(notice of appearance) on the grounds that
it has no real prospect of success.
Increase in level of deposit. The maximum
deposit that can be required at a
pre-hearing review as condition for
continuing with a weak case will be raised
from £150 to £500. Application of costs
penalties to representatives. A tribunal
will be able to order costs against a party
where its representative has acted
vexatiously or unreasonably in conducting
the case. The tribunal will be required to
consider imposing costs where in its opinion
a party, or a party’s representative, has
acted vexatiously or unreasonably. A new
statement of the principles guiding the
tribunal. This will explain the overriding
objective of tribunals to deal with cases
justly, including, so far as practicable:
ensuring the parties are dealt with equally,
saving expense, acting in proportion with
the complexity of the case, and dealing with
cases fairly and expeditiously. The parties
will have a duty to assist the tribunal in
furthering the overriding objective. Case
management. Tribunals will be able to
further the overriding objective by giving
such directions to the parties as appear to
them to be appropriate. Penalty for
failure to comply with the tribunal’s
directions. The tribunal may order costs or
strike out the whole or part of the
originating application or notice of
appearance, or direct that a respondent be
debarred from defending altogether for
failure to comply with any directions issued
by the tribunal (subject to opportunity to
show cause why this should not be done).
National security cases. New provisions will
allow Crown employees (including members of
the security and intelligence agencies) to
bring claims to employment tribunals in a
similar way as possible to other employees.
However, safeguards will prevent the public
disclosure of sensitive information.
Tribunal Chairmen. People holding the
necessary legal qualifications in England
and Wales, Scotland, or Northern Ireland
will be eligible to serve as tribunal
chairmen (men or women) in England and Wales
and in Scotland. Multiple applications and
responses arising out of the same facts may
be presented in a single document. Other
minor amendments ACAS Arbitration Scheme
The ACAS arbitration scheme is intended for
unfair dismissal claims, which do not
achieve a settlement and so would otherwise
go to a full tribunal hearing. It will be a
private, more informal and speedy procedure
for resolving these disputes. Parties will
opt into it voluntarily, by agreement. More
information will be available from ACAS, who
will be producing full guidance on the
scheme in early 2001. It is expected to open
in Spring 2001. 
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