Thursday, 24 May 2012

Enterprise and Regulatory Reform or Erosion of Employment Rights? (You decide)!

The Enterprise and Regulatory Reform Bill has yesterday been presented before Parliament and begins its process to becoming law.  The Bill can be found here

Essentially it proposes the following:
  1. A mandatory period of Acas conciliation before instituting tribunal proceedings (with heavy reliance on as yet unpublished detail by way of Regulations)
  2. Extension of limitation periods to allow for pre-issue Acas conciliation
  3. Introduction of 'legal officers' to make decisions in certain cases if all parties agree in writing
  4. EAT cases to be heard by a judge alone, unless ordered otherwise
  5. power for Secretary of State to limit unfair dismissal compensatory award to a maximum between the national median earnings and 3 x median earnings.
  6. According to Daniel Barnetts update and his conversations with Rowena Robson of the Department of Business, Innovation and Skills, the DBIS is working from a median average earnings figure of £26,000. That means (if the power is exercised) that the compensatory award will be capped at somewhere between £26,000 (one year's earnings) and £78,000 (three years' earnings). 
  7. Alternatively, power for the Secretary of State to limit unfair dismissal compensatory award to one year's earnings
  8. 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
  9. Defintion of 'qualifying disclosure' in whistleblowing legislation to be restricted to disclosures "in the public interest" (not defined)
  10. 'Compromise agreements' to be renamed 'settlement agreements
Whatever your political persuasion this represents a massive erosion of Employment Rights. I am not entirely sure that this drastic reduction will achieve its aims but whatever your view, there are likely to be some interesting times ahead.




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