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The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 came into force on 16th July. The Regulations make numerous changes to the way in which Employment Tribunals deal with claims.

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The Regulations apply to the approach of the Tribunal itself, the parties to the litigation and their representatives.

Parts of the main principles of the Civil Procedure Rules 1998 ("CPR") (introduced in civil courts in 1999) are incorporated into the Employment Tribunal system.

There is now an overriding objective to deal with cases quickly, openly, with parties on an equal footing and, overall, justly. These principles in the CPR have lead to a marked decrease in trials in the High and County Courts. Whether they will have any effect on the burgeoning case load of the Tribunals is yet to be seen.
Certainly there are now disincentives to those presenting weak or vexatious claims. The Tribunal's powers to award costs have been vastly increased. Previously a Tribunal could summarily award costs not exceeding £500. That figure has increased to £10,000 and it appears that the Tribunal may order an assessment of the costs in the County Court for higher amounts.

Where a Tribunal thinks a party has, in bringing the proceedings, or a party or a party's representative has in conducting the proceedings acted vexatiously, abusively, disruptively or otherwise unreasonably, or the bringing or conducting of the proceedings by a party has been misconceived, the Tribunal may make such an order for costs against that party.