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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


Unite legal briefing

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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