Labour & European Law Review
14 January 2015
Following the introduction of tribunal fees 18 months ago, the Employment Committee of the Law Society for England and Wales has invited contributions to its proposals for reform of the employment tribunal system.
Rule 34 of the Employment Appeal Tribunal Rules 1993 states that if the Appeal Tribunal allows an appeal, in full or in part, it can order the original claimant to pay some or all of the appeal fee. In Look Ahead Housing and Care Ltd v Chetty and Eduah, the Employment Appeal Tribunal (EAT) held that employers should not be allowed to recover the fee if they could have pursued a different option before issuing a notice of appeal.
When making a claim for damages for psychiatric injury, the Court of Appeal has held in the case of Yapp v Foreign and Commonwealth Office (FCO) that unless claimants have shown signs of “special vulnerability”, employers cannot be expected to foresee that they might develop a psychiatric illness as a result of a decision to suspend them.