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UNITE Legal Briefing. Employment Law Reforms in 2013 6 March 2013 Rob Smith. Introduction. Overview of the Government Employment Law Reforms: Employment Law Reform effective on the 6 th April 2012. The Enterprise and Regulatory Reform Bill Proposed Employment Tribunal Reform

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unite legal briefing

UNITE Legal Briefing

Employment Law Reforms in 2013

6 March 2013

Rob Smith

introduction
Introduction

Overview of the Government Employment Law Reforms:

  • Employment Law Reform effective on the 6th April 2012.
  • The Enterprise and Regulatory Reform Bill
  • Proposed Employment Tribunal Reform
  • Employment Tribunal fees
  • Government Consultations – current state of play
condem coalition approach to employment rights in the workplace
ConDem Coalition Approach to Employment Rights in the Workplace
  • Adrian Beecroft Proposal for compensated No Fault dismissal - Abandoned
  • But see the governments proposal on giving up employment rights for shares in the business
employment law reform 6 th april 2012
Employment Law Reform – 6th April 2012
  • Two year qualifying period
  • Judges sitting alone
  • Witness Statements taken as read
  • Witness expenses
  • Costs
enterprise and regulatory reform bill
Enterprise and Regulatory Reform Bill
  • Repeals Important parts of the Equality Act 2010:
  • Third party harassment
  • Recommendations
  • Equality Act Questionnaire procedure
enterprise and regulatory reform bill1
Enterprise and Regulatory Reform Bill
  • Pre-Termination Negotiations and Settlement Agreement
  • Legal officers
  • Capping of Unfair dismissal awards
  • Financial penalties – er’s breach has aggravating features
  • Indexation of awards – to nearest £1
enterprise and regulatory reform bill2
Enterprise and Regulatory Reform Bill

Compulsory conciliation for employment claims:

  • Via ACAS - 3 step procedure
  • Claimant to complete a form and send to ACAS, confirm whether interested in conciliation. ACAS then contacts employer
  • 4 week period of conciliation. During which time is frozen
  • At end of conciliation ACAS issue certificate Claimant can lodge claim
  • Potential problems from additional process
  • ACAS resources – likely to come in in August 2014
tribunal fees
Tribunal Fees
  • Level 1 claims (UDW RP) - £160 issue fee; £230 hearing fee
  • Level 2 claims (Discrim etc) - £250 issue fee; £950 hearing fee
  • Multiple claims - 2-10 (2 x single fee)

- 11- 200 (4x single fee)

- 200+ (6 x single fee)

introduction of tribunal fees
Introduction of Tribunal Fees
  • History of Tribunals
  • Government believe ET claims increased and see it as part of compensation culture
  • Open about justification
  • Fees to be introduced from July 2013
consultations
Consultations

Collective redundancies :

  • Reduce the 90 day period to:
    • 30 day minimum period for up to 99 collective redundancies
    • 45 day period for planned redundancies of 100 +
  • Establishment
  • Fixed term contracts
  • Code of Practice
slide11
TUPE

Government Response

  • Accept limited because implements ARD
  • Proposes further consultation on

- Service Provision Change

- Liability

- Change of location

trade union facility time in the civil service
Trade Union Facility Time in the Civil Service

Consultation on developing a system for reporting and monitoring

facility time:

  • Ending or limiting the practice of 100% facility time
  • Unpaid facility time
  • Reduction in overall facility time
conclusion
Conclusion
  • Change in the landscape of employment rights in the workplace.
  • Going backwards
  • Law is there as a last resort
  • Onus on political, industrial and collective strategies
further information
Further information
  • www.thompsons.law.co.uk
  • www.acas.org.uk
  • Labour and Employment Law Review
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