Employment Tribunal reform

The Government have introduced two importance changes to the Employment Tribunal system. The changes announced are intended to reduce the number of Employment Tribunal claims.

The first change will be an increase in the qualifying period in which an employee will have to bring an unfair dismissal claim. Currently, an employee has to have 1 year’s continuous employment before he can bring a claim for unfair dismissal against his employer. However, from 1 April 2012, an employee will need 2 years’ continuous employment to bring an unfair dismissal claim.

The second change is the plans to introduce in April 2013 a fee-charging system in Employment Tribunals for employees bringing Tribunal claims. The proposal, which is not in force currently, is as follows;

• upfront fee of £250 when lodging ET1;
• further fee of £1,000 payable by Claimant when the hearing is listed;
• higher fees if the claim is for over £30,000;
• fee to be refunded if Claimant wins, and forfeited if they lose
• fees to be waived for those with no money

There are potential plans to waivethe fees in certain circumstances where applicants qualify for certain benefits however no further details have been published.


Agency Worker Regulations

The Agency Worker Regulations 2010 came into force on 1 October and provides agency workers the entitlement to the same or no less favourable treatment in their basic employment and working conditions to those who are comparable employees. An agency worker would however need to have completed a qualifying period of 12 weeks of service with the company.

Subject to the above qualifying period, all workers are entitled to the certain rights, which include;

• Paid annual leave;
• Rest breaks and limits on working time;
• The right to be paid the National Minimum Wage (which also increased from 1 October 2011);
• Will not be subject to unlawful deduction from wages;
• Protected against discrimination under the Equality Act 2010; and
• Protected by health and safety at work.

Bribery Act 2010

The Bribery Act 2010 was given Royal Assent on 8 May 2010 and the Act came into force in England, Wales, Scotland and Northern Ireland on 1 July 2011.

The Bribery Act 2010, which is only concerned with bribery (either directly or indirectly), modernises the law on bribery. Bribery is described in the Act as giving “someone a financial or other advantage to encourage that person to perform their functions or actives improperly”. For example, this could include seeking to influence someone by giving or offering a bribe in exchange for them committing a criminal act.

The Bribery Act 2010 covers criminal law relating to bribery and the four main offences in the Act are;

• A general offence targeting the payer of a bribe;
• A general offence targeting the recipient of a bribe;
• A specific offence prohibiting the bribery of foreign public officials; and
• A corporate offence of failing to prevent bribery.

Equality Act 2010

The Equality Act 2010 came into force in October 2010. The Act consolidates, harmonises and expands existing discrimination law.

The Act provided for changes in the workplace together with new introduced legislation.

Changes in the Act

Changes were made in the law on harassment in the following areas;

• Age;
• Disability;
• Gender reassignment;
• Race;
• Religion or belief; and
• Sexual orientation

Changes were also made on victimisation in the following areas;

• Age;
• Disability;
• Gender reassignment;
• Race;
• Religion or belief;
• Sex;
• Sexual orientation;
• Marriage & Civil Partnership; and
• Pregnancy & Maternity.

New legislation in the Act introduced

New legislation was introduced in the law on;

• Associative discrimination on Age, Disability, Gender reassignment & sex;
• Discrimination by perception on Disability, Gender reassignment and sex;
• Indirect Discrimination on Disability & Gender reassignment;
• Harassment by a third party on Age, Disability, Gender reassignment, Race, Religion or belief & Sexual orientation.