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Red Tape Challenge Updates: How effective will the Government`s scissors be?

19 July 2013 #Employment

Whistleblowing – Call for Evidence

The Government has put out a call for evidence regarding the whistleblowing framework and whether it is operating effectively in today`s labour market.

They are particularly looking for feedback on the provisions which were unaffected by the recent changes in the whistleblowing legislation and are considering whether any aspects of the protections no longer work in the way originally intended to understand if there is a case for making further changes to the framework.

Click here for further information and to submit your evidence. Please note, the call for evidence ends 1 November 2013.

Unfair Dismissal – New Cap on Compensatory Award

The Government confirmed, alongside the call for evidence, that from 29 July 2013 the maximum compensatory award in unfair dismissal claims will become capped at a year’s salary or £74,200, whichever is lower.

Early Conciliation – Stakeholder Responses to Consultation Published

In view of the soon to be mandatory early conciliation (EC) procedure under the Enterprise and Regulatory Act 2013, employers may be interested to read the recently published stakeholder response to the Government’s consultation on the implementation of the new EC procedure.

Published 12 July 2013, the response can be found here.

Predominantly, the consultation document covers the EC conciliation form and certificate, exemptions and how Acas will work with parties to seek settlement.

Acas, in particular, welcomed the simple EC request form and EC Support Officer (ECSO) model that has been suggested. They also supported prospective respondent EC requests and expressed a wish for the EC certificate to remain a simple and routine document.

The response does note that stakeholders also raised questions outside of the remit of the consultation document, particularly in relation to how to deal with multiple claims.

Recruitment Sector – Government Response to Consultation Published

Published 11 July 2013, the Government has released its response to consultation on the existing framework for the recruitment sector.

It sought opinion earlier in 2013 on when it is appropriate for the Government to impose rules on the recruitment sector and when the marketplace should be left to decide the rules for themselves.

The Government has indicated that it will proceed with the proposed legislative changes. The purpose of the new framework being to remove some of the regulatory burden from business and to move to a more targeted enforcement regime whilst continuing to protect workers, especially the most vulnerable, who are looking for work.

It plans to achieve this goal by legislating to restrict employment agencies and employment businesses from charging fees to work-seekers, ensuring employment businesses do not withhold payment from temporary workers and ensuring there is clarity on who is responsible for paying temporary workers.

The full Government response can be found here.

Sallie Alderson
CAS Employment Law Caseworker

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 by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
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