Moon Beever Logo

20-04-2014

Here's a brief month-by-month guide for employers, highlighting important new legislation and cases in prospect.

round-up-image

6 April 2014:

  • Discrimination questionnaires abolished although employees can still ask questions and a tribunal can draw negative inferences from a refusal to respond.
  • Pre-claim Acas conciliation introduced on an optional basis.
  • Financial penalties for losing employers can now be imposed by tribunals of up to £5000.
  • Abolition of Statutory Sick Pay record-keeping.
  • Re-classification as "Type B" claims for a number of types of claim to correct earlier errors in the legislation. In effect, it means that some claims now attract higher tribunal fees.
  • The maximum compensatory award for unfair dismissal increases to £76,574. The maximum amount of a week's pay used to calculate redundancy payments also increases to £464.

1 May 2014:

  • The period in which transferors must provide Employee Liability Information under TUPE will increase from 14 to 28 days before the transfer.

6 May 2014:

  • Acas early conciliation scheme becomes mandatory 30 June 2014.  The right to request flexible working will be extended to all employees

31 July 2014:

  • Changes to the obligations to inform and consult for micro-businesses will apply to TUPE transfers.

1 October 2014:

  • Fathers and partners will be able to take time off to attend up to two antenatal appointments.
  • Increase to national minimum wage to £6.50 an hour for adult rates.

Important Cases To Note:

  • Clyde & Co LLP and another v Bates van Winkelhof, awaiting the determination of the Supreme Court as to whether a member of an LLP can also be considered a ‘worker’. The status of ‘worker’ is important because it imposes certain employment related rights, including those in relation to whistleblowing protection.
  • USDAW v Ethel Austin Ltd (in administration) and another UKEAT/0547/12 case referred to the ECJ, to determine the issue of what amounts to an ‘establishment’ when carrying out collective consultation requirements.
  • R (Unison) v Lord Chancellor and another [2014] EWHC 218 (Admin). Unison has announced its intention to pursue an appeal against the refusal to allow a judicial review into the introduction of employment tribunal fees. The government has given a Great Britain-wide undertaking that if fees are found to be unlawful, all fees will be repaid with interest.

Sarah Rushton (srushton@moonbeever.com)

This is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information.

TESTIMONIALS

Standout firm known for its personal insolvency work for clients including private companies, individuals and governmental institutions. Frequently acts for insolvency practitioners, assisting with the realisation of assets, both in the UK and abroad.

Chambers and Partners

Contact Us

Our office locations can be found here and individual staff profiles here together with full address and contact details. 

For non-urgent enquiries by email, please complete the contact form below and we will respond as soon as possible.

logo-alep-min
logo-legal500-min
cq-logo
logo-rescue-awards-min
logo-lexcel-min
logo-chambers-and-partners-min
stonewall
wiq-logo