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Employment law reforms

Employment law reforms. Tony Cooper Acas. Employment Law Reforms. Employment Tribunal fees The Enterprise and Regulatory reform bill: Early conciliation Settlement agreements Changing the limit of the compensatory award in unfair dismissal claims. Employment Tribunal Fees.

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Employment law reforms

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  1. Employment law reforms Tony Cooper Acas

  2. Employment Law Reforms • Employment Tribunal fees • The Enterprise and Regulatory • reform bill: • Early conciliation • Settlement agreements • Changing the limit of the compensatory award in unfair dismissal claims

  3. Employment Tribunal Fees How? Claim and fee remission application to central office, then out to region 2 points for payment for claimants: With claim - Ahead of hearing

  4. Employment Tribunal Fees Level 1: small claims/short track Claim fee £160 Hearing fee £230 Level 2: anything above that e.g. Unfair Dismissal, Unlawful Discrimination, Whistleblowing Claim fee £230 Hearing fee £950

  5. Employment Tribunal Fees When? …July 2013?

  6. Early Conciliation – Main features • From April 2014 before lodging a claim to the Tribunal all claimants will need to notify Acas first • Following notification to Acas, the claimant’s limitation period for pursuing their legal rights to tribunal (usually 3 months) is put on hold. • This suspension (“Stop the clock”) for a calendar month allows conciliation to take place without the claimant needing to take any legal steps to protect their rights

  7. Early Conciliation – Main features • There are provisions for both early conclusion, and extension, of the limitation pause • Engaging with the conciliation process is voluntary • If conciliation is unsuccessful the claimant can proceed to lodge a Tribunal claim • Conciliation can still take place after the limitation pause comes to an end but before a claim is submitted • Conciliation available after submission of ET1 as now

  8. Settlement Agreements • Changes to unfair dismissal rules: • Offers to end employment relationship on agreed terms confidential • Even where no current dispute • Or parties unaware of problem • Statutory code of practice • Focus on inadmissibility of settlement agreement offers and improper behaviour

  9. Unfair Dismissal compensation • Proposed cap to compensatory award • Current compensation limit £74,200 retained • Additional proposed limit = 12 months pay • Introduced – Summer 2013? • Increased discrimination claims?

  10. Any Questions…

  11. Acas contact information Acas helpline - 08457 47 47 47 * Acas website - www.acas.org.uk/southwest

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