26 June 2014 #Employment
The Small Business, Enterprise and Employment Bill was published yesterday. The following is outline of its proposals:
1. A definition of a zero-hour contract, which seeks to make any clause which tries to stop the worker working for somebody else void.
2. A new system for enforcing tribunal awards: an `enforcement officer` will give a 28-day warning notice if a tribunal award remains unpaid. If the monies are not then paid by the employer, a `penalty notice` will be issued. The penalty is 50% of the outstanding amount, subject to a minimum of £100 and a maximum of £5,000. If the full sum, and the penalty, are then paid within 14 days, the penalty is reduced by 50%. The penalty is payable to the Secretary of State, not the claimant.
3. A power to amend the employment tribunal procedural rules to limit the number of postponements available to a party, and an obligation on the tribunal to consider making a costs award if the postponement application is a late one.
4. A power to allow the Treasury to require repayment of some or all of a termination payment in a public sector exit.
5. A framework requiring prescribed persons under the whistleblowing legislation to publish details of disclosures made to them.
The full detail of these proposals will not be known until detailed regulations are available.