All change - 14 Employment Law changes to look out for in 2012
The Government have announced a further bout of employment law reforms in 2012. The changes can be divided into 3 categories:
1. Changes that the Government will legislate for now.
2. Proposed changes that will be subject to further consideration.
3. A fundamental review of Employment Tribunal procedure rules.
Changes that the Government will legislate for now
1. Compromise Agreements are to be called "Settlement Agreements".
2. The limit for Deposit Orders that can be made in Employment Tribunals will be increased to £1,000 and the maximum costs awards that a Judge can make without having to have an assessment carried out will increase to £20,000.
3. Witness statements in Employment Tribunal proceedings will be taken as read unless a Judge or Tribunal directs otherwise.
4. Judges will have the power to direct the losing party to bear the costs of witnesses attending a Tribunal Hearing under a Witness Order.
5. Judges are to hear unfair dismissal cases sitting alone unless they direct otherwise.
6. The qualifying period for unfair dismissal will be extended from 1 to 2 years from April 2012.
7. Employment Tribunals will be able to levy financial penalties on employers found to have breached employment rights.
8. Claimants will be offered the option of engaging in early conciliation through ACAS. The time periods for submitting a claim to the Employment Tribunal will be amended to allow Claimants to submit their claim after early conciliation has been completed.
Proposed changes that will be subject to further consideration
9. The Government intends to embark on a long term reform programme so that the use of mediation to resolve disputes becomes a more accepted part of the process.
10. The Government proposes to develop a new Claim Form, in particular, to include a statement of loss to be completed by the Claimant.
11. The Government will undertake a thorough review of its guidance material to assist with the completing of Claim and Response forms.
12. The Government is to consider whether formalised settlement offers can be introduced into the Tribunal process whereby a party who rejects a reasonable offer may face costs.
A fundamental review of the Employment Tribunal procedure rules
13. The Government will initiate a fundamental review of the Employment Tribunal procedure rules on case management and strike out powers.
14. The review will also consider the introduction of legal officers to carry out some of the case management functions currently carried out by Employment Judges.
For more information on the above or for advice on any other employment issue please contact our employment department on 020 7354 3000 or e-mail employment@colmancoyle.com
You can also follow us on twitter: CCemplaw
Author: Colin Makin
Date published: 1st February 2012