The Government has tabled some important amendments to the Enterprise and Regulatory Reform Bill, which will be debated at Report Stage in the House of Lords on 26 February 2013.Key amendments are as follows:
• A ministerial statement accompanies the amendment which provides for the removal of the unfair dismissal qualifying period where the reason (or principal reason) for dismissal “is, or relates to, the employee's political opinions or affiliation”, following Redfearn v United Kingdom [2012] ECHR 1878. Following the necessary Parliamentary stages, this additional protection would come into effect two months after the Bill receives Royal Assent and would apply to dismissals after that date. The amendment as put forward, does not create a new form of “automatically unfair” dismissal – it simply removes the qualifying period. Unfairness would still be judged in the usual way.
• Removal of the good faith requirement for a protected disclosure in whistleblowing cases. However, tribunals will have a new power to reduce compensation by up to 25% if the disclosure was not made in good faith.
• A duty on tribunals assessing the new financial penalties on losing employers in tribunal claims, where the employer's breach of the law has “one or more aggravating features”, to take account of the employer's ability to pay.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
