As of 1 February 2013, the limits on Employment Tribunal awards will increase as follows:
- The maximum compensatory award available for unfair dismissal will increase from £72,300 to £74,200*;
- The cap on a week’s pay (used, for example, for calculating statutory redundancy pay and the basic award in unfair dismissal cases) will increase from £430 to £450;
- Limit on amount of guarantee payment payable to an employee in respect of any day will increase from £23.50 to £24.20; and
- The minimum basic award in cases where the dismissal was unfair by virtue of health and safety, employee representative, trade union, or occupational pension trustee reasons will increase from £5,300 to £5,500.
* From Summer 2013, the unfair dismissal compensatory award will be capped at the lower of one year’s pay and the maximum compensatory award.
Other key dates and proposals:
March 2013: the following proposals have been put forward:
- Increasing the right to parental leave to 18 weeks per parent per child;
- Extending the right to request flexible working to agency workers;
- Removing employers’ potential liability under S.40(2)-(4) of the Equality Act 2010 for harassment by a third party; and
- Removing the statutory questionnaire procedure in discrimination cases.
April 2013: the following legislation will be enacted:
- Reduce the requirement for a 90-day consultation period to a 45-day consultation period for collective redundancies of 100 or more employees;
- Revise the Employment Tribunal Rules of Procedure; and
- Implement a change to the protection for whistleblowers under the Employment Rights Act 1996 so that disclosures are only protected if they can reasonably be said to be ‘in the public interest’.
The government has also made a number of announcements on its on-going employment law reform programme. For more information relating to the above changes, please keep an eye out for our next Employment Write.
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