In other news this month...
The Government has put forward changes to the whistleblowing regime
The requirement for protected disclosures to be made "in good faith" will be removed, substituting instead discretion for the employment tribunal to reduce compensation by up to 25% in cases where the disclosure is not made in good faith.
Amendments have been put forward to: (a) make employers vicariously liable for detriments inflicted by one worker towards another because they have made a protected disclosure; but (b) introduce a "statutory defence" to protect employers who take all reasonable steps to prevent such detrimental action.
Other changes
The government is amending the Employment Rights Act to dis-apply the qualifying period for unfair dismissal if the reason for the dismissal is, or relates to, the employee's political opinions or affiliation. This amendment seeks to implement the recent Redfearn decision. It does not make a dismissal on the basis of political opinion or affiliation automatically unfair, but simply permits an unfair dismissal claim to be heard without the need for qualifying service.
All these changes are set out in the Enterprise and Regulatory Reform Bill which is currently making its way through parliament. A further change is that, once the bill is passed, employment tribunals will be able to impose financial penalties on employers in certain circumstances if they lose certain types of claim, although the Tribunal will need to have regard to an employer's ability to pay in considering the financial penalties to be imposed.
Guidance for employer's on how to deal with requests for religious accommodation in the workplace
Following the European Court of Human Rights' judgements last month in Eweida, the Equality & Human Rights Commission has published new guidance on Religion and Belief in the Workplace , including practical guidance on how to deal with requests for religious accommodations.
Changes to the collective redundancy consultation period
If, on or after 6 April 2013, you are proposing to make redundant 100 or more employees in a 90 day period, the minimum collective consultation period will be shortened from 90 days to 45 days, and the expiry of a fixed-term contract of employment will not count towards the numbers which trigger collective consultation.
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.
