Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Key Employment Law Changes

20 March 2013 #Employment


The new employment tribunal rules, originally expected to come into force in April 2013, will now come into force in summer 2013. These rules and other expected employment law changes are summarised in the table below.

Employment Law change

Date expected to come into force

The current regulations for National Minimum Wage will be consolidated.

April 2013

The minimum period for collective redundancy consultation will be reduced from 90 days to 45 days.

April 2013

Fees will be charged for claims submitted to an employment tribunal and appeals made to the Employment Appeal Tribunal. An issue fee and a hearing fee will be payable and the amounts will depend on the type of claim and whether the claim is brought by a single claimant or multiple claimants.

Summer 2013

Whistleblowing cases related to a breach of a worker’s own contract will only be permitted if they are made in the public interest.

Summer 2013

The compensatory award for unfair dismissal will be capped at the lower of the existing limit (currently £74,200) and one year’s pay.

Summer 2013

Criminal record checks for employees will be available for employers to view online via the Disclosure and Barring Service (which was created on 1 December 2012 when the Criminal Records Bureau merged with the Independent Safeguarding Authority). This will enable employees to move roles without the need for new checks.

Summer 2013

Gangmaster licensing compliance will be simplified and the enforcement of gangmaster licensing will be changed to a risk based approach.

Summer 2013

Changes to the Transfer of Undertakings (Protection of Employment Regulations) 2006 (TUPE) will be introduced if the current proposals go ahead. A government issued consultation on proposed changes to TUPE will close on 11 April 2013.

October 2013

Employee ownership status will be introduced whereby employees will be offered shares in their employer in return for giving up some of their employment rights. On disposal, the first £50,000 worth of shares will be free from capital gains tax.

Autumn 2013

The employment tribunal will have discretion to impose financial penalties of 50% of any financial award made to the claimant, (subject to a minimum of £100 and a maximum of £5,000) on unsuccessful respondents.

Spring 2014

All potential employment tribunal claims will be referred to ACAS for pre-claim conciliation.

Spring 2014

The right to request flexible working will be extended to all employees.

Spring 2014

 

 

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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