Home >
Law >
Employment / Labour Law >
Blackstone's Guide to the Employment Tribunals Rules 2013 and the Fees Order

Blackstone's Guide to the Employment Tribunals Rules 2013 and the Fees Order

Author: John Macmillan
Publisher: Oxford University Press
ISBN: 9780198704980
Published In: November 2013
Format: Paperback , 304 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

Details

Clear layout with extensive cross referencing allows easy access and understanding of the new Rules and Fees Order, both of which are reproduced in full in the appendices
Written by an experienced Employment Judge, who was formerly a Regional Employment Judge, with unique experience of the field and the drafting of the Rules
Includes extensive stand-alone analysis of the Fees Order as well as commentary on the key provisions interwoven throughout the text
Logical structure following the same sequence as the Rules aids navigation
Free ebook version for purchasers of the hard copy

The Employment Tribunal Rules of Procedure 2013 are a significant landmark in the history of the employment tribunals. They are the first to be largely drafted by the tribunal's senior judiciary under the leadership of Sir Nicholas (now Lord Justice) Underhill in his then capacity as President of the Employment Appeal Tribunal.

Blackstone's Guide to the Employment Tribunals Rules 2013 provides a thorough comparative analysis of the new Rules and the 2004 Rules together with a detailed commentary on the changes introduced and their relationship with the Civil Procedure Rules. There are new areas of uncertainty for which the commentary offers suggestions as to interpretation and likely effect, as well as identifying and discussing some consequences of the changes of language and approach. The expert author, having previously sat as a Regional Employment Judge, considers the status of established case law in the light of the new rules and, where appropriate, offers a more in-depth examination of the substantive law.

The Fees Order is analysed and its interaction with the Rules is discussed. The Fees Order was subject to judicial review proceedings in both England & Wales and Scotland and the author gives it a critical examination.

This new Blackstone's Guide combines the full text of the Rules of Procedure with an expert narrative. It brings readers up-to-date with this complex piece of drafting. Its clear and practical layout make it the ideal reference source for anyone working in the area. It is written in an accessible and approachable way, adopting a Plain English approach to also assist those representing themselves in the Employment Tribunal.

The Blackstone's Guide series delivers concise and accessible books covering the latest legislative changes and amendments. First published soon after enactment, they offer expert commentary by leading names on the scope, extent, and the effects of the legislation. They provide a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

Readership: Primary: All lawyers (barristers and solicitors) practising employment law and appearing in the Employment Tribunal; Employment judges; HR professionals; CAB advisors; Law Centre advisors; litigants in person (bringing or defending their own tribunal proceedings). Secondary: academics specialising in employment law.

1: Introduction
2: The Regulations
The Rules
3: Introductory and General - Rules 1 - 7
4: Starting a Claim- Rules 8 -14
5: Responding to the Claim - Rules 15 - 25
6: Initial Consideration of Claim Form and Response - Rules 26 - 28
7: Case Management Orders and Other Powers - Rules 29 - 40
8: Hearings - Rules 41 - 50 and 53 - 59
9: Withdrawals - Rules 51 and 52
10: Descisions, Reasons, and Reconsideration of Judgments - Rules 60 - 73
11: Costs, Preparation Time, and Wasted Costs Orders - Rules 74 - 84
12: Delivery of Documents and Miscellaneous - Rules 85 - 93 and 95 - 106
13: National Security Proceedings - Rule 94 and Schedule 2
14: Fees
Appendix 1 The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
Appendix 2 The Employment Tribunals and Employment Appeal Tribunal Fees Order 2013
Appendix 3 Presidential Practice Directions - Presentation of Claims

John Macmillan was admitted as a solicitor in 1970 and became a fee paid industrial tribunal chairman in April 1981. He served and Regional Employment Judge for the East Midlands Region from 1997-2012 and still sits as an Employment Judge. He had national responsibility for the part-time worker pension cases (the Preston cases), and heard all of the test cases, and currently has national responsibility for the O'Brien cases (pension and related claims by fee paid judges).