Key Trends in Employment Law Alison Dixon, Associate CRF Key Trends in Employment Law Alison Dixon, Associate
Key Trends in Employment Law The pace of change is frenetic….and that is set to continue! Key Aims of the Coalition Government: Reducing litigation Alleviating the burden on taxpayers and employers Promoting economic growth © Bird & Bird LLP 2012
New Law from 6 April 2012 The big one….. Increase in unfair dismissal qualifying period from one year to two Only applies to employees who start work on or after 6 April 2012 Increase in weak discrimination / whistleblowing claims? Other adverse effects? © Bird & Bird LLP 2012
New Law from 6 April 2012 Costs awards in the ET up from £10,000 to £20,000 Really an effective deterrent? © Bird & Bird LLP 2012
New Law from 6 April 2012 New rule on witness expenses Allows the Tribunal to order a party to pay the expenses of a witness who attends and gives evidence at a hearing A wide discretion A useful departure from the usual costs rules? © Bird & Bird LLP 2012
New Law from 6 April 2012 Maximum deposit orders increase from £500 to £1000 Available where a case has "little reasonable prospect of success" Can be an effective deterrent Sharma v New College Nottingham (EAT, 2011) – a spanner in the works? © Bird & Bird LLP 2012
Future Changes Fees to be charged for issuing Tribunal claims Scope to have "protected conversations" with underperforming employees Review of the ACAS Code on Discipline and Grievance Simplification of compromise agreements Pre-claim conciliation from ACAS Complete review of the Employment Tribunal system Review of sickness absence Amendment to whistleblowing legislation © Bird & Bird LLP 2012
Helpful Trends in Recent Case Law More flexibility for employers on unfair dismissal? Redundancy selection Morgan v Welsh Rugby Football Union (EAT, 2011) "Some Other Substantial Reason" Ezsias v North Glamorgan NHS Trust (EAT, 2011) Garside and Laycock Ltd v Booth (EAT, 2011) © Bird & Bird LLP 2012
In Summary… There is reason to be positive The Government is trying to make life easier for businesses …..but don't rip up your employment lawyer's business card just yet! © Bird & Bird LLP 2012
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