Applicable to claims started on or after 6 April 2014.
Tribunals will have discretion to fine an employer up to £5,000 (payable to the government) if they lose and their case has ‘aggravating features’. Please note the following:
It is interesting to note that it is the government that benefits from payment of the fine and not the claimant (who has been subject to the employer’s conduct). I also foresee problems with enforcing payment of the penalty and potential increased pressure on employers to settle unmeritorious claims.
If you have any queries on the above please do not hesitate to contact me.