EARLY JUDGMENTS What steps should hauliers take in response to the new rules?
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Because the new rules allow employment judges to make an early judgment on claims or responses that have no reasonable prospects of success, it is more important than ever to ensure that employees are dealt with in a fair manner.
It will no longer be possible to dismiss an employee unfairly, put in a hopeless defence as a holding position, and then negotiate.
It is likely that in these circumstances the tribunal could dismiss that response and move straight to dealing with a remedy, with the potential sanction of costs against the haulier.
Where hauliers have carefully followed due process and dismissed employees fairly, the new tribunal rules should allow them to defend unmeritorious claims more cheaply and efficiently than was the case under the previous rules.
provided the parties ensure they give sufficient notice to the other side about a matter to be considered. A claim can be struck out at a preliminary hearing rather than having the duplication of a case management discussion, followed by a pre-hearing review.