UK Law and Practice Contributed by: Phil Linnard, Philippa O’Malley, David Rintoul and Clare Fletcher, Slaughter and May
nity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. • Victimisation – where an employee suffers det - rimental treatment because they have done a protected act (such as making an allegation of discrimination). There are also specific heads of claim for disability purposes, including discrimination arising from a dis - ability and failure to make reasonable adjustments for a disabled employee. The employee bears the initial burden of proving facts that could, in the absence of any other explanation, establish that discrimination has occurred. At that stage, the burden of proof shifts to the employer to prove that discrimination has not occurred. If a discrimination claim succeeds, the usual remedy is compensation (which is uncapped). This is primar - ily based on the financial loss suffered by the victim, although the tribunal can also make an award for “injury to feelings”, and less commonly, aggravated or exemplary damages. The tribunal may also make a declaration about the rights of the employee and employer, and/or a recommendation for the employer to take steps to reduce the negative impact on the employee. 8.3 Digitalisation Employment Tribunal hearings may take place on a wholly or partly remote basis. Whether or not to list a hearing to be heard remotely is a judicial decision. The Tribunal Rules of Procedure require the tribunal to consider whether a remote hearing would be “just and equitable”, and to ensure that those participating and members of the public can hear and see what the tribunal hears and sees. The preferred audio-visual platform is the His Majes - ty’s Courts and Tribunals Service (HMCTS) Cloud Vid - eo Platform (CVP). Remote hearings require electronic bundles of documents to be prepared in accordance with the tribunal’s guidelines. Currently, most preliminary hearings, including case management, strike-out applications and judicial mediations, are held as remote hearings by default.
Some simpler final hearings may also be listed as remote, although more complex cases of discrimina - tion or whistle-blowing would almost invariably be in person. Another newer area of digitalisation in employment litigation is the MyHMCTS portal. This portal allows tribunal users to file documents, bundles and other correspondence with the Employment Tribunal so that cases can be processed and reviewed digitally. It is now in force throughout the UK on a regional basis. The UK has an Employment Tribunal system, which sits alongside the main court system and is intended to operate as a quicker, cheaper and more informal method of litigating employment disputes. The tribu - nals have statutory jurisdiction to hear more than 80 types of statutory employment-related claims, such as unfair dismissal, discrimination and whistle-blowing. They can also hear contractual claims if they arise out of, or are outstanding on, the termination of employ - ment (but compensation is capped at GBP25,000). High-value breach of contract claims in an employ - ment context are therefore more typically brought in the High Court, which also has jurisdiction for other non-statutory employment claims such as restrictive covenants disputes. The ERB will replace the previous three-month time limit for an employee to bring an Employment Tribunal claim with six months. Appeals from Employment Tribunals on any question of law will be heard by the Employment Appeal Tribu - nal (EAT). Appeals from the EAT are then heard in the main court system, starting at the Court of Appeal. Class actions (or “multiple claims”, as they are known in this jurisdiction) are a common feature within UK Employment Tribunals. The Employment Tribunal Rules of Procedure allow for multiple claims where the claims of two or more individuals give rise to com - mon or related issues of fact or law, or if it is otherwise reasonable for their claims to be made on the same claim form. There is also the possibility of represent - ative actions, where more than one person has the 9. Dispute Resolution 9.1 Litigation
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