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The wind of employment law change
Thursday, 01 December 2011 11:30
The wind of employment law changeAs we see the last of the autumn leaves falling, and those long dark nights draw in, it’s all change here in the UK. But it’s not all doom and gloom! In this week’s update we look at the employment law changes you can expect to see in 2012/2013 and the proposed reforms to the tribunal system…

Where to begin?!

After months of speculation, media attention, and leaked reports, the Government has finally announced its plans for wide-ranging changes. They say these plans are the ‘most radical reforms to the employment law system for decades’.

So what’s being proposed? Here are just some of the changes the Government is looking to introduce:

  • Tribunal fees – to require an initial fee to lodge a claim and then a second fee to proceed to a hearing or to require those seeking an award of £30,000 plus to pay more to bring a claim.
  • ‘No-fault’ dismissals for micro-companies with fewer than 10 employees.
  • Reducing the consultation period for collective redundancies.
  • Simplifying the dismissal processes, working with Acas to change the code of practice on disciplinary and grievance issues and even perhaps publishing guidance for small businesses.
  • Simplifying the Transfer of Undertaking Protection of Employment Regulations 2006 (TUPE).
  • Consultation on the national minimum wage regulations.
  • Requiring all employment disputes to be offered Acas pre-claim conciliation before going to a tribunal.
  • Increasing the qualifying period for unfair dismissal to two years from 6 April 2012.
  • Allowing employers to have discussions with staff about retirement or poor performance through consulting on ‘protected conversations’.
  • Renaming compromise agreements to ‘settlement agreements’ and to simplify them.

We can also expect to see parental leave increasing from three to four months on 8 March 2012.

That’s quite a list! But with all this buzz of changes, what impact will this have on you?

And while you are 'waiting and seeing' perhaps your focus in the short term needs to be on managing the concerns and morale of the under 51s who have just this week heard they will be working to 67 and the concerns of all staff who will have read in the press this week that really tough financial times could be with us for another 6 years. Keeping your staff buoyant and energised is critical when everyone is tired and feeling poor!

And just to cheer you up at this time did you read this week that health and safety legislation is due to be dramatically streamlined with hopefully a renewed emphasis on personal responsibility! At long last we hear you sigh! And CRB checks are to be made more transportable from early 2013 which is another positive change. We will of course endeavour to keep you up to date on all these changes as they become law. It’s a rapidly changing world and going to take some effort to keep up with it all!

With many of the government’s proposals involving the tribunal system, we thought it would be timely to remind you that our commercial HR team at Jaluch are at hand to support with your tribunal responses and help you save money on legal fees. Talk to us to find out more!

 
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