BREACH OF CONTRACT: Move to adopt ELA initiative in Civil Procedure RulesEmployment protocol launched.

The first pre-action protocol covering employment disputes goes out for consultation this week.

Conceived by the Employment Lawyers Association (ELA), the protocol applies to High Court and County Court breach of contract claims worth more than 5,000 - loss of earnings and benefits claims relating to wrongful dismissal cases.

Under the draft protocol, employees would be required to send the defendant a letter detailing the facts of the case and any alleged contract breaches.

The defendant would then have five working days to acknowledge receipt of the letter and 15 working days to provide a detailed letter of response.

The draft protocol - available on the ELA Web site - also deals with pre-issue disclosure, alternative dispute resolution and use of expert evidence.

Howard Hymanson, chair of the ELA's protocol working group, said the chief objective was to have it adopted in the Civil Procedure Rules.

This would then enable courts to take account of any compliance or non-compliance when making orders for costs.

ELA chairman Jane Mann said the group would be unlikely to consider the need for further protocols until the Department of Trade and Industry's tribunal review was completed.

Law Society employment law committee chairman Richard Hegarty said the protocol would be an 'excellent' addition if it moved litigation along.LINKS www.elaweb.org.ukSue Allen