Keeping abreast of reform and developments in the Employment Law arena has always been a challenge but perhaps never more so than at present.
In this latest Newsletter, we summarise the most critical developments.
Tribunal Reform: What Employers Need to Know
Whilst we are only half way through the year, we have already seen a number of changes and the horizon looks just as busy.
In this edition of our Newsletter, we recap on recent changes and confirm details of those about to come into force.
Employee Shareholder Status
One of the further changes on the horizon is the introduction of employee shareholder status (previously called employee ownership).
Despite a negative response to consultation, the Government has now decided to go ahead with its proposal which means that, as of 1 September 2013, employees will be able to give up some of their employment rights in exchange for shares in their employer.
TUPE – Important Changes
Service Provision Changes (SPCs) – more limited than we thought.
A key development under the Transfer of Undertakings (Protection of Employment) Regulations 2006 was to clarify that instances of contracting out, contracting in and changes of service provider (Service Provision Changes or SPCs) would amount to a relevant transfer for the purposes of employment protection under TUPE.
In fact, the revised Regulations have arguably narrowed the circumstances in which employment protection applies.
Can ex-employees still bring victimisation claims against their former employer?
In Onu v Akwiwu, Mrs Onu was exploited by her employers. She left and brought claims of unfair dismissal and race discrimination.
Six months later, her former employer contacted her family to complain that she had brought a Tribunal claim and stated that “she would suffer for it”. Did this amount to victimisation?