The Government has announced that collective redundancy consultation periods, the Transfer of Undertakings (Protection of Employment) Regulations and discrimination compensation awards are to be included in its review of employment law. The Government will start reviewing these areas this year.
The Government will examine employers' complaints about the various areas of employment law under review. In relation to compensation for discrimination, it notes that high awards are seen by some businesses as encouraging weak, speculative or vexatious claims. With regard to collective redundancy, the Government intends to consider employers' complaint that the current requirement of 90 days' collective consultation when 100 or more employees face dismissal hinders their ability to restructure. As for TUPE, the Government it taking on board the criticism that the Regulations `gold plated' the EU Acquired Rights Directive (No.2001/23) and are overly bureaucratic.
So far in its review of employment law the Government has:
- consulted on reforming the employment tribunal system and increasing the qualifying period to two years for an unfair dismissal claim
- commissioned an independent review into managing sickness absence, and
- launched a review of the compliance and enforcement regimes for employment law.
The Government has stated that next week it will launch its long-awaited consultation on plans to extend the right to request flexible working to all employees and introduce a new system of shared parental leave from 2015.
If you would like to know more, please contact Tony Hyams-Parish, Head of Employment, in confidence and without obligation by emailing Tony or by calling him on 08450 990045, or speak to your usual contact in the Employment Team.
This document is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from taking any action as a result of the contents of this document.