18thFeb 2014
Employment Law Update - Hart Brown outline what you need to know about the recent changes and what to expect this year.
The government has put in place a policy committed to reforming employment law examining what regulations could be simplified or scaled back.
Some of the changes implemented have proved controversial in particular the introduction of the new tribunal fees regime and the cap on unfair dismissal awards.
Judicial review proceedings were brought inR(on application of UNISON v Lord Chancellorin which UNISON argued that the introduction of tribunal fees was in breach of the principle of access to justice. Judgment was reserved on 4 November 2013. A similar argument has been made in a separate judicial review proceedings brought by a Scottish law firm Fox and Partners, also on the issue of fees. This has been stayed pending the High Court determination on this issue. The government has given an undertaking that if fees are found to be unlawful, they will be repaid.
Transfer of undertakings protection of employment (TUPE) - updated January 2014
Service Provision Changes
A Service Provision change is where a client engages a contractor to do work on its behalf, and then engages a different contractor to do that work in place of the first, or brings the work "in-house". The 2006 Act was intended to bring most service provision changes within the scope of TUPE.
The recent amendments now make it clear that for there to be a TUPE service provision change, the activities carried on after the change in service provision must be "fundamentally or essentially the same" as those carried on before it.
Place of work and working condition changes under TUPE
A change in the location of the workforce following a transfer is now expressly included within the scope of an economic, technical or organisational reason entailing changes in the workforce (ETO reason). This prevents genuine place of work redundancies from being automatically unfair.
The legislation has been clarified, for the avoidance of any doubt, so that it does not enable transferors to rely on a transferee's ETO reason to dismiss an employee prior to a transfer.
The provisions in regulation 4(9) entitling employees to claim that they have been dismissed where there is a substantial change in working conditions to their material detriment will not be changed. Also important to note is that from 1 May 2014, employee liability information will have to be given 28 days before the transfer instead of just 14 days as was previously the case.
Employment Tribunal Proceedings from April 2014
From April 2014, before lodging a claim with the Tribunal, all claimants will be required to first notify ACAS and conciliation will be offered.
Tribunals will be required to recommend alternative dispute resolution where appropriate.
The Employment Tribunal will also have the power to order an employer to pay a financial penalty to the Secretary of State where the employer has lost a case and breached employee or worker rights. Discrimination questionnaires have been phased out and will now be abolished from April.
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About Hart Brown
Hart Brown, a leading law firm with offices throughout Surrey and in London, has been offering a full range of legal and financial investment services to businesses and individuals for the past 90 years. With 15 partners, more than 110 staff, six offices and a reputation for delivering high quality service, Hart Brown is committed to building long-term relationships with its clients.
In particular, the firm puts great emphasis on regular communication with clients, as well as the need for efficiency and value for money in order to deliver a high-quality service. Hart Brown currently operates from offices located in Cobham, Cranleigh, Godalming, Guildford, Wimbledon Village and Woking. For more information please visit www.hartbrown.co.uk
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Hart Brown Contact:
Rebecca White, Hart Brown
Tel: +44 (0)1483 887766 Email: rjw@hartbrown.co.uk www. http://www.hartbrown.co.uk