UNITE Legal Briefing

Employment Law Reforms in 2013

6 March 2013Rob Smith

IntroductionOverview 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

• 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 – 6th April 2012

• Two year qualifying period

• Judges sitting alone

• Witness Statements taken as read

• Witness expenses

• Costs

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 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 BillCompulsory 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

• 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

• 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

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

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

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

• 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

• www.thompsons.law.co.uk

• www.acas.org.uk

• Labour and Employment Law Review