News

We are fast approaching 2014 so we have provided a summary of the various changes in employment law that we are expecting.

It will be another busy year - with some good and bad news for employers.

We will be providing further information throughout the year, but for the moment here is a quick overview.

January 2014

Changes to TUPE Expected
Following government consultation in February 2013, changes to the Transfer of Undertakings (Protection of the employment) Regulations 2006 (TUPE), are expected to be implemented.

February 2014

Compensation Rates and a Week's Pay
The amount of a "week's pay" (e.g. for redundancy calculation purposes) and compensation amounts (e.g. for unfair dismissal) are reviewed annually and generally increase on 1st February each year.

We will advise you of the actual increases once these are announced (which will probably be later this month). Rates will be detailed on our employment facts page.

April 2014

ACAS Early Conciliation Introduced
Potential claimants will be required to lodge details of their proposed employment tribunal claim with ACAS in the first instance, and will have up to a month to attempt to resolve/settle the dispute with their employer (before lodging the claim) with ACAS's help.

Discrimination Questionnaire Repealed
Repeal of the discrimination questionnaire provisions; to be replaced with an informal approach to be set out in ACAS guidance.

Employment Tribunal Penalties
Introduction of employment tribunal penalties of 50% of any financial award for employers who lose at tribunal. The penalties will be between a minimum of £100 and a maximum of £5,000.

Changes in 'Statutory' Rates
April normally sees an increase in rates for SSP, SMP and other statutory payments. These will be advised nearer the time and will be detailed on our employment facts page.

October 2014

National Minimum Wage
The National Minimum Wage increases on 1st October each year. New rates will be advised and will be available on our employment facts page.

Employment Tribunals Given Power to Order Equal Pay Audits
The Enterprise and Regulatory Reform Act 2013 prescribes that employment tribunals are required to order an equal pay audit where the employer has breached the equal pay provisions under the Equality Act 2010, except in prescribed circumstances.

To Be Confirmed

Right to Request Flexible Working Extended To All Employees
The right to request flexible working, which currently applies to employees who have children under the age of 17 (18 if disabled) or who are carers, is to be extended to all employees.

New Health & Work Advisory Service
A new Health and Work Advisory and Assessment Service is to be introduced, providing state funded Occupational Health assessments for employees who are off sick for more than four weeks.

 "Rapid Resolution" Scheme Introduced
The Enterprise and Regulatory Reform Act 2013 will introduce the concept of "legal officers", who may determine specified types of employment tribunal claims if all parties to a dispute consent in writing. The intention is to provide a quicker and cheaper alternative for resolving low-value straight forward employment disputes.

National Minimum Wage legislation to be simplified
National minimum wage legislation is scheduled to be consolidated into a single piece of legislation.

These are the highlights... we will report further on these and any interesting case law or other developments as they arise in 2014.

If you have any immediate questions, please contact us on 01702 216573.