Can Employment Tribunal Cases Be Joined Together?

At ELP Arbuthnott McClanachan in Edinburgh, we cope with many Employment Tribunal instances through which there are greater than 2 events concerned. This may occur even when there’s only one Employment Tribunal case continuing.

For instance, in a discrimination case, it’s not unusual for the worker making the declare to take action in opposition to each the employer or former employer, and likewise in opposition to the person who it’s claimed has dedicated a discriminatory act. In a case like that, there shall be at the very least 3 events to the declare. Nonetheless, there’s nonetheless just one Employment Tribunal declare if all the Respondents (which is the identify for the defenders in an Employment Tribunal case) have been named on the unique Employment Tribunal declare kind (ET1).

What Occurs When There Is Extra Than 1 Employment Tribunal Declare However The Claims Are Intently Associated?

There are nevertheless different circumstances through which there could also be greater than 1 Employment Tribunal declare, and the place these claims are intently associated. Once more utilizing the discrimination case instance, it’s attainable that the worker could have raised a declare initially in opposition to the using firm, however then subsequently determined to boost an extra Employment Tribunal declare in opposition to the person throughout the using firm who dedicated the discriminatory act.

In that scenario, there could be 2 Employment Tribunals claims, however it’s possible that they’d contain consideration of the identical information, together with:

• What remedy the worker was subjected to,

• Who carried out that remedy,

• Whether or not or not they did so due to a protected attribute of the worker corresponding to the worker’s age, race, intercourse or incapacity.

As well as, the authorized points within the 2 instances are more likely to be broadly the identical, corresponding to whether or not or not the remedy discovered to have taken place quantities to much less beneficial remedy or a detriment, and whether or not or not that remedy has brought about sure losses and harm to emotions.

In conditions corresponding to these, the place the claimant in every case is similar individual, and the Respondents are totally different however the information and the authorized points to be thought of are broadly the identical, it actually is smart for the Employment Tribunal claims to be thought of on the similar time. Typically that is known as the claims being “conjoined”, and generally that is known as them being heard collectively.

What Are The Most important Causes For Listening to Employment Tribunal Instances Collectively? Are There Guidelines Regulating This?

The Employment Tribunal has powers to control its personal process because it sees match, to an extent, having a regard to the “overriding goal”. The overriding goal is discovered within the Employment Tribunals (Structure and Guidelines of Process) Rules 2013 (Schedule 1 – the Employment Tribunals Guidelines of Process). This states that the target of the foundations is to allow Employment Tribunals to cope with instances “pretty and justly”, together with coping with instances in methods that are proportionate to the complexity and significance of the problems, searching for flexibility within the proceedings, avoiding delay, and saving expense. As you’ll be able to see, a lot of these factors could be related to a call in favour of instances being heard collectively after they do contain the identical events, information and/or authorized points.

The query of saving expense is especially related right here. It may be costly for an worker to take day without work work (for instance in a brand new job) to attend Employment Tribunal proceedings. It may be costly and disruptive for an employer to rearrange for worker witnesses to attend Employment Tribunal proceedings. It may also be costly for each events to pay for solicitors or representatives to help and characterize them at Employment Tribunal proceedings.

Within the case of an employer who’s defending a declare together with an worker of the employer who can also be a Respondent, in some instances the employer could also be protecting the authorized charges of that defending worker as properly. In any of these conditions it may be necessary for the social gathering concerned to not be paying greater than they should by way of the variety of Employment Tribunal Hearings to be attended, and making ready for these.

The price of the administration of Employment Tribunal claims can also be related from the viewpoint of the general public purse and the taxpayer. There’s a lot concerned in arranging an Employment Tribunal course of, together with offering amenities and areas for claims to be heard and arranging for Employment Judges and Employment Tribunal panel members to attend and listen to proof in what may be prolonged Employment Tribunal instances. All of this gives good monetary purpose for instances being heard collectively when it’s acceptable.

What Does It Imply When A Declare Is Handled As A “Lead Case” In The Employment Tribunal?

Along with Employment Tribunal instances being heard collectively for causes such because the above, underneath the Employment Tribunal guidelines of process there’s additionally provision for sure instances to be specified as “lead instances”. This may occur the place 2 or extra claims have been raised, normally by totally different workers, however the claims give rise to widespread or associated problems with truth or legislation. It might be, for instance, that all the claimant workers are claiming that the employer did or did not do a sure factor which types the premise for all the workers’ claims. Examples could also be that the employer adopted a sure course of in a redundancy session, or that all the workers declare that the employer utilized a provision, criterion or observe, corresponding to a rule within the office in relation to decorate code, that was not directly discriminatory in opposition to workers who fell inside a sure group, corresponding to members of a selected faith or intercourse.

In conditions like these it may make sense for the Employment Tribunal to listen to proof in relation to the information of the matter in a single case. The rationale for this can be that the proof to be heard on these information would be the similar no matter which worker is making the declare, and it subsequently is smart, with a view to progressing the claims effectively and with out pointless delay or expense, for a call to be made on the related information in a single “lead case”.

Equally, in conditions the place a lot of workers are making claims within the Employment Tribunal alleging the identical information, it’s attainable that these information is not going to be disputed by the employer, or they are going to be discovered by the Employment Tribunal to be as claimed by the workers. The Employment Tribunal could then have to use the legislation to these information to determine if the employer defending the Employment Tribunal declare has truly breached the legislation. This might contain consideration, for instance, of whether or not sure information can quantity to an illegal deduction from wages or if sure information may quantity to discrimination or victimisation, or if sure items of employment legislation laws (such because the Working Time Rules or the Half Time Staff Rules) needs to be interpreted in a sure manner.

Once more, in circumstances corresponding to these it may be within the pursuits of all events, and the taxpayer, for a case to be specified as a lead case. If that’s performed, the opposite instances involving the identical information or legislation are more likely to be “sisted”, which suggests briefly put to sleep, after which recalled on the level when the Employment Tribunal has made the related choice within the lead case. Relying upon how that call has gone, the opposite Claimants could then want to push ahead with the remaining features of their claims, or, if the choice has not been of their pursuits, they could determine that they don’t want to pursue their claims additional. This all relies on the circumstances.

Conclusion

The underside line in all of that is that whereas Employment Tribunal claims are technically not usually “joined collectively”, they’re usually “heard collectively” for good purpose, and in some conditions, the idea of lead instances is used. These are approaches which ought to actually be inspired the place attainable, and even when the events to the claims don’t recommend this, it’s usually the case that the Employment Tribunal will.