* Employment law reforms

Tony CooperAcas

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

• How?

• Claim and fee remission application to central office, then out to region

• 2 points for payment for claimants:

- With claim - Ahead of hearing

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

Employment Tribunal Fees

• When? • …July 2013?

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

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

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

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?

* Any Questions…

Acas contact information

Acas helpline - 08457 47 47 47

Acas website - www.acas.org.uk/southwest *