Thread by @JasonBraier

THREAD 1/ The Employment Tribunals (Constitution and Rules of Procedure) (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2020 (ET(CRP)(EC:ERP)(A) Regs 2020 for short!) are here. I've read them so you don't have to #ukemplaw legislation.gov.uk/uksi/2020/1003…

2/ Changes to the 2013 ET Rules & accompanying regs come into force on 8 Oct. Changes to the ACAS EC Rules come into force on 1 Dec & apply when notification occurs on or after that date.

The new Regs include a number of noteworthy provisions, set out in order in this thread.

3/ First, they widen the judicial pool. Given the limits on in person hearing space, I presume that this will mainly be used for CVP/telephone hearings & mainly to clear out the simpler stuff rather than for lengthy trials, but someone reading will correct me if that's wrong.

4/ It does mean though that 'know your judge' carries added resonance, as the normal assumptions on base knowledge & the pointlessness of including the best known authorities in a bundle may now need to be rethought.

5/ Legal officers are to be given powers to make some pretty simple & generally (albeit not exclusively) uncontentious case management decisions, which have to date been an administrative burden on the overworked judges.

6/ Rules 9 & 16 are amended to deal with the Asda v Brierley controversy about when multiple parties/claims/responses can use the same ET1 or ET3. The wording is now far wider, including a reasonableness qualification.

7/ The changes to rule 12 are very welcome - the EAT should no longer have to perform mental gymnastics to allow back in a claim where the last digit was left off the ACAS number or the LIP put different company names on the EC notification & ET1! Common sense at last!

8/ Rule 21 is amended to clarify that where there's no response/the claim isn't contested & an EJ considers they can't rule on it without a PH (eg on disability, status), the EJ can then issue judgment on the claim once that issue has been determined. No other hearing is needed.

9/ Rule 32 is amended to make explicit what the EAT held in Jones v SoS BIS was already required once a witness order is made, namely that the ET write to tell the parties of the order & the identity of the witness.

10/ What's not entirely clear though is the impact of the new wording of rule 32 on the exceptional possibility anticipated in Jones that there might be circumstances in which the making of an order or identity of the witness should be kept from the other party.

11/ Rule 46 (the very useful hearings by electronic communiation) rule is amended to take account of the possibility that it won't be practicable for members of the public to hear what the ET hears or to see a witness as seen by the ET.

12/ Rule 58 is changed to take account of the practice of a growing number of regions of sending out a trial date with the response pack. The amendment makes clear the final hearing can't be listed less than 14 days before the ET3 is due (though chance would be a fine thing!)

13/ Rule 67 has been changed so that (I think I'm right in my understanding) the register won't now include judgments on claims dismissed following withdrawal. That provides an obvious additional incentive for settlement of claims, to keep them off the register entirely.

14/ Rule 2 of the Early Conciliation Rules of Procedure is amended to allow ACAS to make contact not only to obtain missing information but also to correct other errors on the form (presumably including where the other side explains the name/address is wrong)

15/ Last but not least, the standard length of early conciliation is amended from 4 to 6 weeks & the 2-week extension provisions are removed (though of course conciliation can end at any earlier point through settlement or through a party requesting an end to conciliation).

16/ So there you have it. Lots of clear, concise and sensible changes. Much kudos to all those who took part in drafting them. #ukemplaw