The Enterprise and Regulatory Reform Act 2013 received Royal Assent on 25 April 2013. Commencement dates for certain provisions have been published by BIS. In particular, the following provisions will be implemented on 25 June 2013:
- Changes to whistleblowing legislation - including the introduction of a public interest requirement and the removal of the good faith requirement (albeit that those blowing the whistle in bad faith will be subject to a potential reduction in any compensation awarded). This also includes the imposition of vicarious liability on employers for detriments by employees on other workers.
- The "simplifying of procedures and costs of deciding tribunal cases" - it is assumed that this refers to the new tribunal procedural rules (the final version is yet to be published). This will include the introduction of the power to award deposit orders and costs and expenses to litigants in person.
- Unfair dismissal qualifying period (political opinions or affiliation) - the two year qualifying period for unfair dismissal will not apply where the main reason for dismissal is the employee's political opinions or affiliation.
Most other provisions are planned to come into effect in October 2013 or April 2014. A detailed implementation timetable will be published by BIS in due course. These remaining provisions include:
- confidential termination negotiations
- new cap on the compensatory award for unfair dismissal
- fees for bringing tribunal claims (in respect of which draft regulations have been laid before Parliament)
- employee shareholder status
- changes to the TUPE Regulations
- mandatory Acas early conciliation