A slightly belated happy New Year from all at Integra.
To start the New Year with a bang this week the Department for Business, Innovation and Skills has:
- Issued a consultation on proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006. The most significant proposal is the repeal of the “service provision change” provisions which were introduced by the 2006 Regulations to expressly bring contracting situations within the scope of TUPE. It is also proposed that the restriction on post transfer contract variations will be relaxed to allow changes to terms and conditions in certain circumstances. The full consultation document can be found here.
- Confirmed that the compensatory award for unfair dismissal will be capped at a maximum of 12 months’ pay. The Government aim is that this will come into effect during the summer of 2013. This is good news for employers who will feel they have more certainty as to the potential compensation which might be awarded if an unfair dismissal claim against them is successful. It is also hoped that this will give potential claimants more realistic expectation as to how much they are likely to win if they are successful.
- Issued a consultation document on proposals to implement a system of early conciliation whereby prospective claimants will be required to contact Acas before they can lodge proceedings at the Employment Tribunal. The consultation document can be found here.
It is not clear when the changes to TUPE or early conciliation will be introduced. However, early conciliation this is part of the Enterprise and Regulatory Reform Bill which is currently at the House of Lords Committee stage.
To discuss these changes or any other employment law issues get in touch atcontact@integralegal.co.uk or 0115 987 6790