The Enterprise and Regulatory Reform Bill has been laid before parliament. Quite separate from the Adrian Beecroft proposals, which have been in the news this week, this new Bill provides for:-
- a mandatory period of ACAS conciliation before instituting tribunal proceedings;
- extension of the time allowed for Claimant’s to lodge claims in the Tribunal to allow for pre-issue ACAS conciliation;
- introduction of ‘legal officers’ to make decisions in certain cases if all parties agree in writing;
- Employment Appeals Tribunal cases to be heard by a judge alone, unless ordered otherwise;
- power for the Secretary of State to limit unfair dismissal compensatory award to a maximum between the national median earnings and 3 x median earnings. The government is working on a median earnings figure of £26,000;
- alternatively, power for the Secretary of State to limit unfair dismissal compensatory award to one year’s earnings;
- power for a tribunal to impose a penalty on employers of 50% of any financial award, subject to a minimum of £100 and maximum of £5,000, where there are “aggravating features” (not defined), with a 50% discount for payment within 21 days;
- definition of a ‘qualifying disclosure’ in whistleblowing legislation to be restricted to disclosures “in the public interest” (not defined); and
- ‘compromise agreements’ to be renamed ‘settlement agreements’.
For a free initial meeting please call 01202 499255 and Kate or Paul will be happy to discuss any questions you may have.
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