ENTERPRISE AND REGULATORY REFORM ACT
The Government have just announced some important dates of commencement regarding certain provisions under the Enterprise and Regulatory Reform Act 2013.
First important date:
On 25 June 2013 most of the provisions relating to whistleblowing will come into effect. The changes which will come into force and which amend the current legislation include:
· whistleblowing protection will be available to those who make disclosures which in “the reasonable belief of the worker making the disclosure is made in the public interest”. Public interest hasn’t been defined but it is likely to affect a class of people and not just an individual. It is also important to note there doesn’t actually have to be something in the public interest; the employee’s reasonable belief will be enough to attract protection.
· whistleblowing protection will expand to those who have made the disclosure in bad faith but if the tribunal think that the disclosure was made in such a manner it can reduce the compensation by up to 25%
Although not coming into force this time, at some point there will be the introduction of vicarious liability on an employer for detriment where one worker has made a protected disclosure about other workers. It is also worth remembering that dismissal by reason of a protected disclosure is an automatic unfair dismissal and therefore does not attract the two year qualifying period.
Second important date:
Tribunal fees will be introduced from 29 July 2013.
At the moment it is free to make a claim to an employment tribunal however a fee to commence a claim will be payable from 29 July 2013. The fee to commence a claim will vary from £160 to £230 dependent on the type of case. There will also be an additional fee if the matter is to proceed to a hearing which will again vary between £230 and £950.
Third important date:
New financial penalties on employers will come into force in respect of any tribunal claim presented on or after 25 October 2013.
These penalties will be incurred by an employer where a tribunal concludes that an employer has breached a worker’s rights and considers that the breach has an aggravating factor. The penalties will be payable to the Secretary of State and will vary between £100 and £5,000.
If you would like any more information about (or have a comment on) anything in this E-lerter, please do not hesitate to contact one of our employment team
Davies and Partners e-lerter is published on a general basis for information only and no liability is accepted for errors of fact or opinion it may contain. Professional advice should always be obtained before applying the information to particular circumstances.© Davies and Partners 2013 www.daviesandpartners.com
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