Government Proposals

Closed Consultations with No Response

Administration of Shared Parental Leave and Pay Closed date: 17th May 2013 Purpose of Consultation: Seeking views on how shared parental leave and pay will work in practice. TUPE Regulations 2006: Consultation on Proposed Changes to the Regulations Closed date: 11th April 2013 Purpose of Consultation: Seeking views on removing the application of the regulations to certain situations and relaxing the current restrictions on dismissals and changes to terms and conditions. Early Conciliation: A consultation on proposals for implementation Closed date: 15th February 2013 Purpose of Consultation: Seeking views on how the Early Conciliation system will operate. ‘Early Conciliation’ is a new system which will see all prospective claimants informing Acas of their intention to make a claim in order for Acas to offer conciliation before progressing to tribunal ‘Future Reserves 2020: Delivering the Nation’s Security Together’ Closed: 18th January 2013 Purpose of Consultation: Sought views on creating greater awareness amongst employers of Army Reserves and providing job protection for Reservists

Closed Consultations with Published response

Draft Code of Practice on Settlement Agreements Response Published: June 2013 Confirmed action: Code of Practice will not prescribe how settlement agreements should be made but it will state that the final agreement must be in writing. The employee must have a minimum period of 10 days to consider an offer and employees will not have a statutory right to be accompanied at a meeting but the Code will refer to the employee being allowed to bring a companion. “Employment Tribunal Rules Review” Response Published: March 2013 Confirmed action: New tribunal rules will operate from Summer 2013, including combining certain pre-hearing actions; paper sift of claims to be carried out; duty on judges to encourage alternative dispute resolution “Ending the Employment Relationship” Response Published: January 2013 Confirmed action: Settlement Agreements will be inadmissible as evidence in an unfair dismissal/constructive dismissal claim unless ‘improper behaviour’ is involved. Further safeguards will be implemented. A statutory Code of Practice will be put in place after further consultation (see above). The compensatory element of an unfair dismissal claim will be capped at 12 months’ pay, subject to an overall limit, currently £74,200. Relevant legislation: Enterprise and Regulatory Reform Act 2013 Expected implementation: September/October 2013 2013 “Owner Employee Status” Response Published: December 2012 Confirmed action: New employment status of ‘employee shareholder’ will be created whereby an employer can offer unrestricted value of shares of at least £2,000 which will be exempt from capital gains tax up to £50,000. ‘Employee shareholder’ will have no right to claim unfair dismissal (except where this is automatically unfair or relates to anti-discrimination law) or statutory redundancy pay, restricted rights to request flexible working and training. 16 weeks’ notice of early return from maternity leave/adoption leave/additional paternity leave required. Relevant legislation: Growth and Infrastructure Act 2013 Expected implementation: September/October 2013 “Modern Workplaces” Response Published: June 2012/November 2012 Confirmed action: Implementation of ‘flexible parental leave’; extension to adoption leave, flexible working rights, time off for ante natal appointments; rights for surrogate parents to leave and pay; power of tribunals to order equal pay audits to be conducted. No response has yet been given to the part of the consultation which sought views on changes to the Working Time Regulations to clarify annual leave and sickness absence interaction Relevant legislation: Children and Families Bill and secondary legislation; Enterprise and Regulatory Reform Act 2013 Expected implementation: Equal Pay Audits 2014 Flexible working 2014 Flexible parental leave, adoption, surrogacy etc 2015 “Introducing fees in Employment Tribunals and Employment Appeal Tribunal” Response Published: 13th July 2012 Confirmed action: Fees will be charged to lodge an Employment Tribunal Claim; an Employment Appeal Tribunal claim and at various other procedural stages Relevant legislation: The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 Expected implementation: 29th July 2013

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