Employment Law Reforms – Looking Ahead

The Department for Business Innovation and Skills has announced a new implementation timetable for proposed employment law reforms, many of which had originally been intended to come into force in April 2013.

 

The tables below set out the anticipated changes in the next 12 months.

 

When Development

 

March 2013 Revised fit note guidance intended to be published.
March 2013 Repeal of the third party harassment and the discrimination questionnaire provisions in the Equality Act 2010.
1 April 2013 Changes to the funding of claims in the civil courts, including the introduction of damages-based agreements.
6 April 2013 Collective redundancy consultation period involving 100 or more employees reduced from 90 to 45 days and employees whose fixed-term contracts are due to expire excluded from consultation requirements.
April 2013 New statutory payment rates to be introduced.
April 2013 A public interest requirement to whistleblowing disclosures will be introduced.
April 2013 The new Employment Tribunals Rules of Procedure will come into force.
April 2013 The Growth and Infrastructure Bill 2012-13 is planned to come into effect introducing the concept of employee shareholder status.
April 2013 The Children and Families Bill 2012-13 has set out a new system of shared parental leave and flexible working.
Spring 2013* Rounding up of increases to statutory redundancy payments and Tribunal award limits.

*It was originally intended for this to be introduced in February, the precise date of implementation is now unknown.

Spring 2013 The Enterprise and Regulatory Reform Bill 2012-13 is expected to receive Royal Assent.
Spring 2013 The Crime and Courts Bill is expected to receive Royal Assent.
May 2013 Changes to the enforcement of gangmaster licensing and compliance.
Summer 2013 The following provisions in the Enterprise and Regulatory Reform Bill 2012-13 are due to come into force:

  • pre-termination negotiations to be inadmissible in unfair dismissal proceedings.
  • the unfair dismissal compensatory award will be capped at the lower of one year’s gross pay and the existing limit.
Summer 2013 Fees will be introduced into the Employment Tribunal.
October 2013 The changes to TUPE are planned to come into force.

 

 

When Development

 

Expected 2013 The following provisions in the Enterprise and Regulatory Reform Bill 2012-13 are due to come into force :

  • Mandatory pre-claim ACAS conciliation
  • Enhanced shareholder rights regarding directors’ remuneration
  • Reform the Equality and Human Rights Commission
  • Changes to employment tribunal procedure and the orders a tribunal can make
  • EAT judges to sit alone.
Expected 2013 The Government’s response to the annual leave aspects of the Modern Workplaces consultation is expected.
April 2014 New mandatory early conciliation process to be introduced by ACAS.

 

For further information on any proposed change please do not hesitate to contact us.