1. Key Trends in Employment Law Alison Dixon, Associate
CRF
Key Trends in Employment Law
Alison Dixon, Associate

2. 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
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3. 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?
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4. New Law from 6 April 2012
Costs awards in the ET up from £10,000 to £20,000
Really an effective deterrent?
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5. 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

6. 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?
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7. 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
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8. 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)
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9. 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

10.
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