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A series of key employment law reforms were adopted or brought into force in the UK in spring 2013. The main changes relate to periods of parental leave, which will increase; redundancy consultation periods, which will decrease for large-scale redundancies; maternity, paternity and adoption pay, which will increase; and the introduction of several changes to employment tribunal procedures. A new type of employment contract, that of employee shareholder has also been created.
Parental leave
The Parental Leave (EU Directive) Regulations 2013 made changes on 8 March 2013 to UK legislation to implement the revised EU Parental Leave Directive (2010/18/EU) (743Kb PDF). The changes include an increase from three to four months in the period of parental leave permitted following the birth or adoption of a child. The right to request flexible working was extended to agency workers returning from a period of parental leave.
Redundancy consultation
The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 came into effect on 6 April 2013. Among other things, it reduced the statutory minimum redundancy consultation period from 90 days to 45 days for large-scale redundancies affecting more than 100 employees (UK1301019I).
In terms of whistleblowing rights, the Employment Rights Act 1996 has been amended so that a disclosure will not be protected unless the employee has a reasonable belief that it is made in the public interest. The Act introduces vicarious liability for the employer where a worker is subjected to detriment by a co-worker for making a protected disclosure. The qualifying period of two years consecutive employment in a business before a worker may bring an unfair dismissal claim against the employer no longer applies where the reason for the dismissal is the employees political opinions or affiliation. The Agricultural Wages Board, an independent body that determines the minimum wage for workers employed in agriculture in England and Wales, has been abolished. Various provisions in the Act are designed to simplify the procedures and reduce the costs involved in deciding employment tribunal cases, including the introduction of an individual cap on compensation of 12 months pay, which will apply where this amount is less than the overall cap of GBP 74,200 (87,226).
ministerial powers to make regulations requiring employment tribunals to order an equal pay audit where the employer has breached the equal pay provisions under the Equality Act 2010; the ability of employment tribunals to impose financial penalties on employers who breach employment rights; a requirement for potential claimants to give details of their proposed employment tribunal claim to the Advisory, Conciliation and Arbitration Service (Acas) before commencing proceedings, to enable early conciliation; the renaming of compromise agreements as settlement agreements, and the publication of astatutory code of practice (226Kb PDF), drawn up by Acas, setting out the principles underlying settlement agreements, model letters, a model settlement agreement and supporting guidance.
Level 1 (applicable to claims such as unlawful deduction of wages, statutory redundancy pay and payment in lieu of notice) a GBP 160 (188) issue fee (when a claim form is presented to an employment tribunal) and a GBP 230 (270) hearing fee. Level 2 (to apply to claims such as unfair dismissal, discrimination, equal pay and whistleblowing) a GBP 250 (294) issue fee and a GBP 950 (1,117) hearing fee.
ID: UK1305039I Author: Mark Hall Institution: IRRU, Warwick Business School Country: United Kingdom Language: EN Publication date: 28-06-2013 EIRO Keywords: Dispute resolution, Legal framework