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The government announced its legislative plans for the coming
parliamentary year on 9 May 2012. Among the measures announced by
the Queen at the State Opening of Parliament were the Enterprise
and Regulatory Reform Bill and the Children and Families Bill
("the Bills") which contain proposals for changes in
employment law, including;
" providing alternatives to the employment tribunal process
for workplace dispute resolution by encouraging all claimants to
lodge their claims with ACAS;
" renaming compromise agreements as "settlement
agreements" to more accurately reflect their function and
encourage greater use – the government has also
previously announced the intention of simplifying the use and form
of compromise/settlement agreements; and
" improving the tribunal system by increasing flexibility
and encouraging employer compliance – this will no doubt
include the previously announced plan to introduce penalties on
employers who lost at tribunal and also fees for claimants;
" strengthening shareholders' power so that they
can hold companies to account in relation to directors' pay
by way of binding votes on the directors' remuneration
report; and
" giving parents access to flexible parental leave so that
they can share caring responsibilities in a way that best fits
their needs.
The majority of these measures have already been trialed in
government announcements over recent months and a number have
already been the subject of 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.
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Employers who fail to inform and consult employees in connection with a TUPE transfer may have to pay a penalty of 13 weeks’ gross pay to all affected employees.
Many employers will have experienced the situation whereby a senior employee leaves the company and shortly afterwards begins to solicit key clients in breach of his/her restrictive covenants.
Failure to follow the Acas Code of Practice on Disciplinary and Grievance Procedures will usually increase the risk of a dismissal being found to be procedurally unfair and can result in increased compensation being payable to a dismissed employee.
BIS has published an updated indicative timetable of the planned key dates for the Enterprise and Regulatory Reform Act 2013 and the introduction of financial penalties for employers who breach workers rights will now not be in October 2013.
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