Employment Law Reforms 2012. Clarification and Timings

The Department of Business, Innovation and Skills (BIS) has confirmed that the increase in the qualifying period for unfair dismissal claims to two years will only apply to those starting a new job on or after 6th April 2012. Employees whose employment started before 6th April will remain subject to the one Year qualifying period. Thus, someone with 18 months’ continuous employment on 6 April will not lose their right to claim unfair dismissal, and an employee with 11 months’ service on that date will still only have to wait one month before being able to claim. The regulations to extend the qualifying period will be published shortly and will be subject to Parliamentary debate.

BIS also stated that it will not implement the revised EU Directive on Parental Leave (No. 2010/18) in March 2012. Instead, due to the ongoing Modern Workplaces policy development, the Government will use the additional year’s grace allowed by Art. 2(3) of the Directive and implement the changes in March 2013. Consequently, the number of weeks of unpaid parental leave will increase to 18 per parent per child ahead of the other changes proposed in the consultation for 2015, such as a new flexible system of shared parental leave and an extension of the right to request flexible working.

Further details on the intended dates for a number of reforms announced last year as part of the Employment Law Review were given by the Employment Relations Minister Edward Davey in a written answer to Parliament on 17 January. Subject to parliamentary approval, changes to be effected via secondary legislation – witness statements being taken as read, the removal of witness expenses, judges sitting alone in unfair dismissal cases and changes to limits for cost awards and deposit orders – will come into force on 6 April 2012. Measures requiring primary legislation, including early conciliation, financial penalties for employers, judges sitting alone in the EAT as a default arrangement and an amended formula for uprating tribunal awards and redundancy payments, will be implemented when parliamentary time allows. The revised procedural code for employment tribunals expected as a result of Mr Justice Underhill’s fundamental review of the Employment Tribunal Rules of Procedure is expected to come into force in 2013, following public consultation and subject to parliamentary approval.

Employment Law dates for 2012

With a lot of changes to employment law on the way in 2012, here’s a review of the important dates to be aware of. Any other dates will be added to this calendar as the year progresses

31 January 2012	Closure date for calls for evidence on the effectiveness of TUPE and the scope of the collective redundancy rules – may result in a formal consultation later in the year
1 February 2012	New tribunal award limits come into force
6 March 2012	Consultation closes on fees in tribunals and the EAT
April 2012	expected that qualifying period for unfair dismissal will increase to 2 years various tribunal reforms to take effect e.g. increase in deposit orders and costs awards unpaid parental leave to increase to 4 months working time rules to be amended to allow holiday to be carried forward in limited circumstances maternity/paternity/adoption pay increases SSP increases
October 2012	Pensions auto-enrolment begins for larger employers national minimum wage may increase, depending on what the Low Pay Commission recommends in February

Developments with no confirmed date but likely to be progressed in 2012

penalties for employers who breach of employment rights early compulsory ACAS conciliation of all tribunal claims amendment of whistleblowing rules so that disclosures about breaches of employment contracts are no longer covered compromise agreements to be simplified consultation on ‘protected conversations’ between employers and staff about employment issues without risk of dispute consultation on rapid resolution scheme as alternative to tribunal for low-value and straightforward disputes Acas Disciplinary and Grievance Code to be ‘looked at’ with a view to a simpler dismissal process

2012: Employment Law Changes

The government has recently set out its’ proposals for what is claimed to be the biggest overhaul of employment law for many years .

The main proposals include the following:

• qualifying period to claim unfair dismissal to increase from 1 year’s employment to 2 years;
• all claims to undergo mediation via ACAS, before they can be lodged with the tribunal;
• the introduction of protected conversations between an employer and employee (but discriminatory acts will be excluded);
• a ‘rapid resolution scheme’, to enable simple claims to be settled within three months;
• financial penalties for employers who breach employment rights;
• CRB checks to be portable, so there would be no need for a fresh application when moving jobs; and
• maternity and paternity leave to provide for greater involvement for fathers.

To discuss how these changes may effect you, or anything else please contact us by emailing legalteam@baileyfields.com or calling 01233 822537

Are you fit? Government Fit note scheme

The Government’fit note’ system (the ‘Statement of Fitness for Work’) has been effective since 6th April 2010. The statement replaced the old sick note. The “fit note” lists the common types of changes employers can introduce to assist a return to work: “a phased return to work”, “amended duties”, “altered hours” and “workplace adaptations”.

Prime target: Bullying in the workplace

The TV and Press are buzzing at the moment with allegations that Gordon Brown has bullied members of staff in Downing Street and Whitehall.

Bullying and harassment in the workplace give rise to a number of legal issues:

• An employer may be liable under the discrimination legislation if it fails to protect its employees and other workers from harassment in the course of their employment.
• The Protection from Harassment Act 1997 may also impose liability on an employer for a course of conduct amounting to harassment by an employee.
• Employers also have a number of implied contractual duties, including a duty to provide a safe and suitable working environment, a duty not to destroy mutual trust and confidence, and a duty to provide redress of grievances.

The Equality Bill

Employers need to start preparing for changes to be brought about by the Equality Bill in 2010. The changes will affect all businesses regardless of size and will require them to take positive steps to avoid discrimination in the workplace.In view of the changes coming in 2010, it has never been a better time for companies to have an equality audit of their business to ensure that they are fully prepared for the changes.

When I’m 65. Retirement Guidelines

As the law currently stands, an employee has no right to work beyond the age of 65 years if his employer has followed the correct notification procedures and no longer wishes him to continue working.

The Equality and Human Rights Commission (EHRC) has proposed the abolition of the current default retirement age of 65.

The Government has brought forward its review of the retirement age of 65 from 2011 to 2010 and it appears likely that the Government will increase the age of retirement in the near future. There is no clear date of when this will be, although the closing date for submissions of evidence for the Government’s research into employers’ aged-based practices was 1 February 2010.

It has also been suggested that the right to request working flexibly should be extended to everyone. EHRC’s research showed that older workers would like to work more flexibly, both in terms of hours of work and location (for example, around 40% would like to stay in their current jobs, but with greater flexibility in hours or days worked).

Read the rest of this article in the Winter 2010 Issue of Orchardnews by clicking here

Contractor or Employee: Can you tell the difference?

It is not uncommon for contractors to quite happily agree that they are self employed and so benefit from preferential tax treatments and flexibility during the course of working and then, once the assignment is terminated, seek to make a claim for unfair dismissal on the basis that they were actually an employee.
It is therefore important that whatever the relationship, it is correctly documented in writing and the parties work in accordance with the contract.

Read the full article at http://www.expresslegalnetwork.co.uk/orchardnews

Discrimination

A survey conducted by The Age and Employment Network explores the impact that the recession has had on jobseekers aged over 50. It found that 72% of respondents feel that employersnow see them as “too old”, compared to 63% before the recession. In addition, 45% did not feel that age discrimination legislation had improved their chances of finding work, a 14% increase from the figure prior to the recession.

The Employment Equality (Age) Regulations 2006 prohibit discrimination on grounds of age. To make sure that your business adverting doesn’t discrimate read the article in our newsletter here

Baileyfields join QualitySolicitors

We are delighted to announce that Baileyfields Employment Solicitors has been awarded membership of an exclusive nationwide alliance of high quality solicitor firms, QualitySolicitors.com.

QualitySolicitors is the UK’s first truly national legal brand and promotes the use of real solicitor firms over “call-centre law” provided by supermarkets and banks. It has selected just one hundred of the best solicitor firms nationwide as founder firms and Baileyfields Employment Solicitors are proud to be one of those.

It is rewarding that our high quality of service as employment law specialists has been recognised with our acceptance into the QualitySolicitors organisation. We have always prided ourselves on putting our clients first and this is recognition of that.

QualitySolicitors Chief Executive, Craig Holt, told us, “I am extremely pleased to welcome Baileyfields into our alliance. All our member firms are specifically selected for their exceptional quality and are then subject to continual public feedback”.

Baileyfields Employment Solicitors. The Employment Law specialists

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