Autumn Statement 2011 (2) – Employment Law

Sunday, December 4th, 2011

We are repeating this section which are all employment-law related, though, at the same time, payroll-related.  The Autumn Statement confirmed:

  • Qualifying period for unfair dismissal to increase from one to two years from April 2012
  • All potential claims to the Employment Appeals Tribunal will have to be lodged through ACAS first
  • A Rapid Resolution scheme will be introduced to speed up straightforward Tribunal cases
  • ‘Call for evidence’ confirmed on the effectiveness of the TUPE Regulations, with a view to formal consultation in 2012
  • ‘Call for evidence’  on reducing the 90-day consultation criteria in redundancy situations
  • Mr Justice Underhill will review the Employment Tribunal Rules of Procedure whilst the Government will review the effectiveness of judges sitting independently in unfair dismissal cases
  • The Government wants to explore the role of mediation in the dispute resolution process.  Large retail sector organisations will be asked to share their expertise with smaller counterparts
  • Employment Tribunals are to be given powers to levy penalties on employers who are found to have breached employment rights
  • A template compromise agreement wording will be established, which may be used by employers.  Further, these are to be renamed ‘settlement agreements’
  • The concept of ‘protected conversations’ will be introduced which will allow employers to settle workplace issues with employees, subject to consultation
  • ‘Calls for evidence’ on two proposals
    • ‘no-fault dismissals’ for micro employers with fewer than 10 employees
    • The move to an easier dismissal process
  • Review of the Agency Workers Directive in 18 months, ensuring employers’ arrangements are kept as simple as possible
  • A loophole in the Public Interest Disclosure Act 1998 will be closed to prevent workers whistleblowing about breaches in their own work contract
  • The current 17 National Minimum Wage Regulations will be consolidated into one set, simplifying the current arrangements
  • CRB checks to be universal with an immediate online checking service from 2013
  • Government publication of a report looking at 16 EU Directives with a focus on reducing the burden for UK business.  One of these is the Working Time Directive

Further Information

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