increased amount of compensation, to the claimant instead. In cases of indirect discrimination, if you can prove that you did not intend what you did to be discriminatory, the tribunal must consider all of the remedies before looking at damages. The Employment Tribunal can also order an employer to pay the claimant's legal costs and expenses, although this does not often happen in Employment Tribunal cases. However, the Tribunal is now likely to order you to reimburse any fees the person had to pay the tribunal to bring their claim if you are unsuccessful in defending the claim. From 6 April 2014, the Tribunal may also impose financial penalties of between £100 £5,000 (payable to the Government) on an employer if they are unsuccessful in – defending a claim and the case has These awards are only ‘aggravating features’. likely to be imposed sparingly in cases where the conduct has been employer’s particularly reprehensible. The Government also intends to introduce legislation in October 2014 which will require an Employment Tribunal to order, subject to certain exceptions, an employer to undertake an equal pay audit where the Tribunal finds that the employer has breached an equality clause and/or discriminated because of sex in relation to pay. Settling a dispute Legal proceedings can be a stressful and time consuming experience. It may be in the best interest of everyone to try to agree to settle a dispute to avoid going to an Employment Tribunal or court hearing. There are three ways in which a dispute can be settled: Agreement between you and the worker Acas conciliation service Qualifying settlement agreement Agreement between you and the worker Before a claim is issued by your worker in the Employment Tribunal, you can agree to settle a dispute directly with them. An agreement to settle a dispute can include any terms that you agree with the worker and can cover compensation, future actions by you and the worker and other lawful matters. For example: A worker raises a grievance with her employers alleging a failure to
increased amount of compensation, to the claimant instead. In cases of indirect discrimination, if you can prove that you did not intend what you did to be discriminatory, the tribunal must consider all of the remedies before looking at damages. The Employment Tribunal can also order an employer to pay the claimant's legal costs and expenses, although this does not often happen in Employment Tribunal cases. However, the Tribunal is now likely to order you to reimburse any fees the person had to pay the tribunal to bring their claim if you are unsuccessful in defending the claim. From 6 April 2014, the Tribunal may also impose financial penalties of between £100 – £5,000 (payable to the Government) on an employer if they are unsuccessful in defending a claim and the case has ‘aggravating features’. These awards are only likely to be imposed sparingly in cases where the employer’s conduct has been particularly reprehensible. The Government also intends to introduce legislation in October 2014 which will require an Employment Tribunal to order, subject to certain exceptions, an employer to undertake an equal pay audit where the Tribunal finds that the employer has breached an equality clause and/or discriminated because of sex in relation to pay. Settling a dispute Legal proceedings can be a stressful and time consuming experience. It may be in the best interest of everyone to try to agree to settle a dispute to avoid going to an Employment Tribunal or court hearing. There are three ways in which a dispute can be settled: Agreement between you and the worker Acas conciliation service Qualifying settlement agreement Agreement between you and the worker Before a claim is issued by your worker in the Employment Tribunal, you can agree to settle a dispute directly with them. An agreement to settle a dispute can include any terms that you agree with the worker and can cover compensation, future actions by you and the worker and other lawful matters. For example: A worker raises a grievance with her employers alleging a failure to
good_equality_practice_for_employers_equality_policies_equality_training_and_monitoring.docx