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UNITE Legal Briefing

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

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  1. UNITE Legal Briefing Employment Law Reforms in 2013 6 March 2013 Rob Smith

  2. 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

  3. 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

  4. Employment Law Reform – 6th April 2012 • Two year qualifying period • Judges sitting alone • Witness Statements taken as read • Witness expenses • Costs

  5. Enterprise and Regulatory Reform Bill • Repeals Important parts of the Equality Act 2010: • Third party harassment • Recommendations • Equality Act Questionnaire procedure

  6. 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

  7. 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

  8. 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)

  9. 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

  10. 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

  11. TUPE Government Response • Accept limited because implements ARD • Proposes further consultation on - Service Provision Change - Liability - Change of location

  12. 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

  13. 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

  14. Further information • www.thompsons.law.co.uk • www.acas.org.uk • Labour and Employment Law Review

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