What are the changes in the Legal Employment Law?

Fiona Hume, Astle Paterson’s Employment specialist, discusses the important recent changes in legal employment law, some of which will benefit employers as employees will now be discouraged from bringing claims.

What is the Qualifying Period for Unfair dismissal?

Employees who started work on or after 6^th April 2012 must now work for 2 years before they can bring a claim for unfair dismissal, based on the legal employment law.  However, they will not have to work for 2 years to bring certain claims – including dismissal for pregnancy or maternity leave, trade union membership, whistle blowing or reporting health and safety risks.

What are Settlement Agreements? (Compromise Agreements)

Compromise Agreements, which enable an employee to give up their rights at an Employment Tribunal in return for a settlement payment, are now to be known as Settlement Agreements.

ACAS have brought in a new statutory Code which sets out new rules as to whether negotiations, which are carried out before terminating a contract of employment, will be admissible at a Tribunal hearing.   Previously, an employer could only have discussions which would not be used as evidence, in an ordinary unfair dismissal claim if there was a dispute.   Now an employer can approach an employee to discuss potential termination of their employment even where there is no prior dispute, per legal employment law.

What is the Unfair Dismissal Compensatory Award?

As stated in the legal employment law, in another move to encourage employees to settle claims, a new cap to the compensatory award, made to a successful claimant at Employment Tribunal, has been introduced; either £74,200.00 or equal to one year’s pay.  If a claimant expects to be out of work for more than a year, their compensation will be limited to a year’s pay. They will also receive their basic award which is calculated on age, weekly pay and length of service.  However, there are exceptions to the cap; for dismissals that are automatically unfair, for whistle blowing, health and safety reasons or for compensation that can be awarded for discrimination claims under the Equality Act 2010.

What is the Conciliation?

From April 2014, in the legal employment law, anyone wishing to make an Employment Tribunal claim will need to contact ACAS first.

ACAS will offer ‘Early Conciliation’ to try and resolve the dispute quickly and cost effectively. Cases which are not resolved through ACAS’ service within a month will still be able to proceed to the Employment Tribunal.

Please contact Fiona Hume of Astle Paterson (Solicitors in Burton upon Trent, Staffordshire) on 01283 531366 or by way of email to fhume@astlepaterson.co.uk

What is the legal employment law?

The legal employment law in the UK is a complex and comprehensive area that covers various aspects of the employer-employee relationship. Here are some key features of employment law in the UK:

1. Employment Contracts: Employment contracts form the basis of the relationship between employers and employees. They outline the terms and conditions of employment, including job responsibilities, working hours, wages or salary, benefits, and notice periods.
2. Equal Opportunity and Anti-Discrimination: UK employment law prohibits discrimination in the workplace on the grounds of age, race, gender, disability, religion, sexual orientation, and other protected characteristics. Employers are required to provide equal opportunities and ensure fair treatment in recruitment, promotion, training, and other employment-related matters.
3. Minimum Wage: The legal employment law in the UK has a statutory minimum wage that sets a legal floor for the lowest hourly rate that employers must pay most workers. The minimum wage rates vary depending on the age of the employee and whether they are an apprentice.
4. Working Time Regulations: The Working Time Regulations set limits on working hours, rest breaks, and annual leave entitlements. In general, employees are entitled to a certain number of rest breaks and a minimum amount of annual leave, and there are restrictions on excessive working hours.
5. Employee Rights: The legal employment law provides various rights and protections for employees, including the right to a safe and healthy working environment, protection against unfair dismissal, protection against unlawful deductions from wages, and the right to request flexible working arrangements.
6. Family and Parental Leave: The UK offers various types of family and parental leave, including maternity leave, paternity leave, adoption leave, and shared parental leave. These provisions allow employees to take time off work for the birth or adoption of a child, and in some cases, to share the leave with their partner.
7. Termination of Employment: The legal employment law sets out the grounds and procedures for terminating employment. It includes provisions for notice periods, redundancy procedures, unfair dismissal protection, and procedures for handling disciplinary and grievance issues.
8. Collective Rights: UK employment law recognizes and protects collective rights, including the right to join a trade union, engage in collective bargaining, and take industrial action (subject to certain legal requirements).

It is important to note that the legal employment law in the UK is subject to change and is influenced by both UK legislation and European Union directives. It is advisable for employers and employees to seek legal advice or consult official government resources to stay informed about the most up-to-date employment laws and regulations.