THE QUALIFYING PERIOD FOR A CLAIM FOR UNFAIR DISMISSAL HAS NOW INCREASED TO TWO YEARS

- Impact date: 6 April 2012

The qualifying period for a claim for unfair dismissal has now increased to two years. Any employees who started employment on or after 6 April 2012 will be unable to bring a claim for unfair dismissal, (unless the claim falls within an exception), until they have been employed for two years. Any employees employed on or before 5 April 2012 will only have to satisfy the former qualification period of one year's service.

EMPLOYMENT TRIBUNAL REFORMS CAME INTO FORCE AS FOLLOWS:
EMPLOYMENT TRIBUNALS (INCREASE IN MAXIMUM DEPOSIT) ORDER 2012; EMPLOYMENT TRIBUNALS ACT 1996 (TRIBUNAL COMPOSITION ORDER 2012); DRAFT UNFAIR DISMISSAL AND STATEMENT OF REASONS FOR DISMISSAL (VARIATION OF QUALIFYING) ORDER 2012; AND THE EMPLOYMENT TRIBUNALS (CONSTITUTION AND RULES OF PROCEDURE) (AMENDMENT) REGULATIONS 2012

- Impact date: 6 April 2012

For cases presented on or after this date the following changes to employment tribunal procedure will apply: witness statements stand as evidence-in-chief and will be taken as read; at the discretion of the tribunal witness expenses will be payable by the losing party; Employment Judges have the power to order deposit orders of up to £1,000 (increased from £500) and costs of up to £20,000 (increased from £10,000); and Employment Judges will sit alone to hear unfair dismissal claims.

THE APPRENTICESHIPS (FORM OF APPRENTICESHIP AGREEMENT) REGULATIONS 2010 CAME INTO FORCE

- Impact date: 6 April 2012

 These Regulations introduce a prescribed form and content required to enter into an apprenticeship agreement under the Apprenticeships, Skills, Children and Learning Act 1999. The agreement can take the form of a written statement of particulars, contract of employment or letter of engagement and must include the basic terms of employment required under section 1 of the Employment Rights Act 1996. It must also include a statement of skill, trade or occupation to describe the work the apprentice is being trained for. Such agreements will have the status of a contract of service not a contract of apprenticeship.

THE EQUALITY ACT 2010 (AMENDMENT) ORDER 2012

- Impact date: 6 April 2012

This order rectifies the drafting issue in section 147 of the Equality Act 2010 and confirms that an individual's lawyer can act as their independent advisor under a compromise agreement.

ENTERPRISE AND REGULATORY REFORM BILL, ANNOUNCED IN THE QUEEN'S SPEECH ON 9 MAY 2012, INTENDED TO BE PROGRESSED IN THE NEXT PARLIAMENTARY SESSION
(THIS BILL AND THE ADDITIONAL BILLS REFERRED TO BELOW HAVE NOT YET BEEN PUB-LISHED)

- Impact date: 2012 or early 2013

Intended to "overhaul the employment tribunal system and transform the dispute resolution landscape" proposals include: to increase the role of ACAS in pre-claim and early conciliation, with all claimants lodging details of their claim with ACAS; to rename compromise agreements "settlement" agreements; to improve the tribunal system and encourage employer compliance; to reduce the regulatory framework and to strengthen the framework for setting directors' pay by introducing binding votes from shareholders. The reference to encouraging compliance may be a reference to financial penalties for unsuccessful respondents.

CHILDREN AND FAMILIES BILL, ANNOUNCED IN THE QUEEN'S SPEECH ON 9 MAY 2012, INTENDED TO BE PROGRESSED IN THE NEXT PARLIAMENTARY SESSION

- Impact date: 2012 or early 2013

Following the Consultation on Modern Workplaces, this bill proposes to expand the right to share parental leave following birth or adoption and is also likely to expand the right to work flexibly. The consultation proposed: an 18 week period of maternity leave for mothers, followed by a 34 week period of shared parental leave; unpaid leave for fathers to attend antenatal appointments; the right to request flexible working for all employees with 26 weeks' service; and for an employer to act reasonably in considering any such requests.

CRIME AND COURTS BILL, ANNOUNCED IN THE QUEEN'S SPEECH ON 9 MAY 2012, INTENDED TO BE PROGRESSED IN THE NEXT PARLIAMENTARY SESSION

- Impact date: 2012 or early 2013

The briefing notes relating to this Bill suggest that one of its aims is to ensure "a swifter, more open, efficient court and tribunal system", although it is not clear if the Bill will encompass employment tribunal reform.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.