Key points:
- Compromise Agreements are now called Settlement Agreements and there are new rules allowing Pre-Termination Negotiations (PTNs). These allow discussion which cannot be used as evidence of unfair dismissal (unless discrimination). Disclosures need to be made explaining this and allowing a colleague to sit in, so some organisations may not use these and rely on best practice instead. See ACAS Code of Practice for Settlement Agreements for more.
- Employment Tribunals (ETs) will from 6 Apr 2014 have an extra step: Early Conciliation. Before progressing to ET, the claimant must complete an on-line form and then if both parties wish it, ACAS will attempt to mediate. If this does not work or either party does not wish to mediate, an Early Conciliation Certificate will be issued which will allow progression to ET.
- Employment Tribunal (ET) fees introduced 29 Jul 2013. Issue fee and Hearing fee for simple/complex cases: £160/£250 and £230/£950 to be paid by claimant to deter frivolous claims. Successful employer may claim up to £20k from claimant for costs if claim found to have no legal basis.
- Unfair dismissal has a new cap from 29 Jul 2013: £74,200 or one year's gross pay (applying to terminations after that date).
- Following the Woolworths case, for the purposes of collective redundancy consultation, establishment is now taken to mean a company rather than a building when calculating the total people being made redundant in a time period.
- Whistleblowing from 25 Jun 2013 must be in public interest, rather than in good faith as before.
- Vicarious liability was introduced on 25 Jun 2013 so that an act of an employee is an act of the company unless it can be clearly shown the employee was acting against company policy and had sufficient training etc.
- Changes to TUPE rules Jan 2014. Renegotiation of terms of transferred employees is allowed one year after transfer. Location of a workforce can be within scope of economical, technical or organisational (ETO) reasons.
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