Baileyfields Employment Solicitors » Employment Law

Employment Law Reforms 2012. Clarification and Timings

admin — Tue, 24 Jan 2012 14:51:23 +0000

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

admin — Fri, 06 Jan 2012 10:25:02 +0000

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

Advertising: Age Discrimination

admin — Sun, 23 Nov 2008 10:30:15 +0000

Employers should consider whether it is necessary to specify in an advert that a certain level of experience is required. A tribunal has found that an advert stating that a teaching vacancy “would suit candidates in the first five years of their career” amounted to indirect age discrimination.

When a teaching vacancy arose Milton Keynes Local Education Authority advertised for candidates in “the first five years of their career”. The school wanted to appoint someone on the same pay scale as the departing employee.

“would suit candidates in the first five years of their career”

Mrs Rainbow was a 61-year old teacher with 34 years’ teaching experience. When she requested an application pack from the school she was told to send in a letter of application only. Unlike other candidates, she did not receive an application form, job description or person specification.

On failing to be short listed for the position, Mrs Rainbow brought claims of direct and indirect age discrimination.

Although the tribunal rejected her claim of direct discrimination, it found that the local authority had indirectly discriminated against her on the grounds of age.

The requirement to be in the first five years of their career put older individuals at a disadvantage because they were much more likely to have more than five years’ experience.

To ensure that your advertising complies with employment law regulations contact us. We can advise on all forms of recruitment advertising. Call us on 01233 822537.