Employment Law changes

By Mali Smith

2012 will see many changes to employment claims in the Tribunal

• February 2012 – The Employment Rights Order 2011 increases the limits on certain employment tribunal awards. The maximum on unfair dismissal compensatory award rises from £68,400 to £72,300

………………………and the weekly amount of a weeks’ pay for calculating statutory redundancy pay and the basic and additional awards for unfair dismissal increases from £400 to £430. The rise applies where the event that gives rise to the award or payment occurs on or after 1^st February 2012.

• April 2012 – The qualifying period for employees to bring a claim of unfair dismissal increases from one year to two years.

• Date to be confirmed – potential claimants are required to lodge details of their proposed claim with ACAS in the first instance. ACAS will offer the parties the opportunity to engage in conciliation. Where the parties refuse to engage in conciliation, or where it failed, the claim will proceed.

• By December 2013 – Employees who wish to bring an employment tribunal claim against their employer are required to pay a fee. The fee will be repaid to the employee only if he or she is successful with his or her claim.

 

NOW TO OUR TOP TIPS…

Remember, you must review and, if necessary, amend all your existing Policies and Procedures, in particular those relating to equal opportunities and harassment to comply with the Equality Act 2010.

 

1. Top Tip: pay secrecy?

Next time you review contracts of employment BEWARE – A PAY SECRECY clause contained in an employee’s contract of employment will be unenforceable. You also can’t discipline an employee who disclosed his pay rate to another employee or you will be accused of victimisation.

2. Top Tips – Grievance and Disciplinary Procedure

Did you know that you must have a Grievance and Disciplinary Procedures in place? Wonder what if not? Well, failure to follow the ACAS (the Government Advisory, Conciliation and Arbitration Service) or your own Disciplinary and Grievance Procedures means that the Tribunal can increase the employees’ Award, once successful, by 25%!!!

3. Top Tips – TUPE Advice

What should you do if following a TUPE (Transfer of Undertaking) you acquired employees doing similar jobs for different pay? Can you justify it by saying the TUPE was a genuine material factor that caused this inequality in pay? Or should you address the inequality? You can say that the TUPE was a material factor but not for long….call us we can help.

4. Top Tips – Health Questionnaire

BEWARE you may be fined up to £5,000 – The use of questionnaire about job applicants’ general health and similar issues before offer of employment is made – is prohibited under the Equality Act 2010.

 

Prevention is better than cure – educate your workforce by updating your employees’ handbook to incorporate latest legislation and practice.

For assistance call our employment law solicitor, MALI SMITH, now, on 07908 805897.