The President of the Employment Tribunals (England and Wales)
has issued Presidential Guidance on the protocol for "judicial
assessment" in the Employment Tribunal. The guidance came into
force on 3 October 2016. Employment Tribunals must have regard to
the guidance, but they are not bound by it.
Judicial assessment is an unbiased review undertaken by an
employment judge on the merits of the parties' respective
claims (including liability) and/or the potential remedy. This
takes place at an early stage of the proceedings, typically at a
preliminary hearing, and it is a confidential assessment with the
aim of encouraging settlement between the parties. The assessment
can only take place subject to the parties' consent and after
the parties formally identify the issues and the judge gives case
The protocol makes it clear that the parties cannot refer to the
assessment in later stages of the litigation. Therefore, if they do
not succeed in settling the claim, the independent judge conducting
the final hearing will not be aware of the outcome of the judicial
assessment. As such, the judge who carries out the assessment will
make it clear that this assessment is provisional and the result of
a final hearing may well differ. This judge will then normally
cease having any involvement in the case (except for day-to-day
case management of the proceedings).
It appears that this procedure will be particularly helpful for
litigants in person (a party to a claim without professional
representation) as it will highlight strengths and weaknesses of
their case that they may not otherwise be able to identify. In any
event, this development marks an interesting second small step away
from a purely adversarial system in the Employment Tribunal,
following the introduction of judicial mediation 10 years ago.
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The “Work 4.0. The labor market, the Labor Code, salaries and social security in the XXI century” conference will be held in Centrum Zielna in Warsaw on 5-6 December. The event’s institutional partners include the Social Dialogue Council and the Polish Agency for Enterprise Development. Dentons is one of the conference’s partners.
During the first day of the event, experts including Henryka Bochniarz, the Social Dialogue Council’s president and Lewiatan’s president, Prof. UG dr hab. Marcin Zieleniecki, chairman of the Labor Law Codification Committee, Dr hab. Jacek Mêcina, member of the Labor Law Codification Committee and advisor to Lewiatan’s Board, together with representatives of the Polish Ministry for Development and Ministry of Family, Labor and Social Policy, will discuss current trends and changes in the labor market.
The second day of the conference is to include 12 workshops on topics related to the labor market: work time, outplacement, hiring managers, building a culture of diversity and belonging, structuring salaries and wages, corporate restructuring and delegating employees among other.
This is the masterclass rescheduled from 19 October 2016. As the last negotiations masterclass on Monday 5 September was such a success we are repeating the workshop for anyone who was unable to attend the first one.
The Uber case has hit the headlines because of the high profile name involved, but it is also a timely reminder to employers that they must take care when attempting to set up a contractor/self-employed status.
Through our Deloitte Military Transition and Talent Programme, we know the benefits of employing veterans first hand, yet it is clear that for many UK businesses, the benefit of such schemes is largely anecdotal.
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