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Posted 3 March 2014
by Martin Laver

2014 employment changes (so far)

A few developments in employment law to report.

Fines for losing employers

Employers who lose in the Employment Tribunal face a fine of up to £5,000 which is paid to the Exchequer and in addition to the normal awards a tribunal can make which are payable to the successful employee.

Couple this with the regular awards, the cost of defending and the payment of the Claimant’s claim fees of up to £1,200 for a standard unfair dismissal claim and the consequences of getting a dismissal wrong really do mount up.

Pre-claim ACAS conciliation

From 6 May 2014 every Claimant seeking to bring a tribunal claim will be required to lodge details with ACAS first who will try to broker a deal to avoid the need for a claim.  Both parties will need to agree to allow ACAS to get involved.  ACAS are likely to find themselves very busy from May.

Flexible working

The government have confirmed that all employees who have at least 26 week’s service will have the statutory right to request flexible working.  The intended date for implementation was supposed to be 6 April 2014 but this has been pushed back and is likely to be June or July at the earliest.  Watch this space.

TUPE for small businesses

TUPE has never been the most exciting (or easy to interpret) piece of legislation but those employers with fewer that 10 employees will be glad to hear the requirement to appoint representatives with whom the employer must inform and consult, will be removed for all transfers taking place on or after 31 July 2014.  This means small employers faced with a TUPE situation can speak directly to the affected employees, making the process more navigable and (hopefully) more straightforward to manage.

For queries or more information, contact the employment team on telephone 01392 207020 or by email employment@tozers.co.uk.

 

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About the author

Martin Laver

Partner

Partner in the commercial litigation team specialising in disputed trusts and Wills