1. Review of Employment Legislation 2011/12 Presentation by Sarah Veale, Head, Equality and Employment Rights Department, TUC

2. Review Of Employment Legislation Enterprise and Regulatory Reform Bill Red Tape Challenge Employment Tribunals – fees and procedures Unfair dismissal and protected conversations Collective redundancies and TUPE Parental rights and flexible working Other – Lofstedt, trade union law, time off

3. Review of Dispute resolution Early ACAS conciliation – Pre claim conciliation How this will fit into other reforms

4. Red Tape Challenge Regulation and the economy – case for de-regulation not proved The business case? Employers’ Charter

5. Modernising Employment Tribunals Underhill review of procedures – wider strike out powers Meanwhile caps for deposit orders have gone up to £1,000 and for costs to £20,000 Witnesses – statements and expenses Judges to sit alone for unfair dismissal cases

6. Fees for Employment Tribunals Fee for lodging the claim and fee for the hearing; Additional fee for higher value claims (over £30,000 has been dropped Remission system – consultation ongoing Employer to pay the applicant’s fee if the applicant wins Handling multiples

7. Unfair dismissal Extension of the qualifying period – April 2012 Beecroft proposals for compensated no fault compensated dismissal to replace unfair dismissal protection apparently dropped but... “Settlement agreements” included in Enterprise and Regulatory Reform Bill and decrease in maximum award; will depress the median award and hit middle income workers particularly hard

8. Other areas: TU law The dog that has barked but not bitten (yet!) Balloting – “Yes” vote thresholds – 40 or 50% Bans on strikes in essential services Allow use of agency workers Tightening definition of a trade dispute

9. Settlement Agreements Emerged from business lobby following removal of the default retirement age Similar to “no prejudice” agreements but pre-dispute Fraught with practical and legal difficulties License to bully and harass Would have to exclude discrimination

10. Settlement Agreements Statutory grievance and disciplinary procedures Mark II? Satellite litigation The irony of a de-regulatory government proposing to regulate conversations in the workplace!

11. Other issues Union facility time – no change to the law but huge political pressure in the public sector Whistleblowing – remove a loophole that allowed personal contracts to be included Consolidation of some H&S and NMW regulations Lofstedt review of health and safety TUPE revision – service provision and Cas Collective redundancies – time limits and nature of consultees

12. Done and Dusted? Equality Act – PS duty weakened; equal pay provisions not commenced; dual discrimination scrapped; Other likely casualties – “reforms” to the EH Agency workers

13. Agency Workers TUC/CBI agreement underpinning EU Directive; covered GB only 12 week qualifying period “Swedish” derogation – workers employed directly by the agency exempted No evidence of collapse in use of agency workers; collective agreements Legal challenges? TUC complaint to EC

14. The Enterprise and Regulatory Reform Bill Heading for the House of Lords – could still be amended to include new areas of employment law reform Employment regulation remains highly politicised with right wing Tory “Trade Union Reform Campaign” and Tax Payers’ Alliance TUC campaign continues, focussing on ET fees and CR reforms