Three further areas have been added to the government's review of employment law after employers identified the following problematic issues:
- Discrimination Compensation: with discrimination compensation currently uncapped, employers have expressed concern about the uncertainty and unpredictability of awards and the high levels of compensation sometimes awarded. There is also concern that high awards are encouraging speculative and vexatious litigants.
- TUPE: reflecting a general concern about the "gold plating" of EU legislation, employers have expressed concern that domestic rights under TUPE go further than the Acquired Rights Directive requires and are overly bureaucratic.
- Collective Redundancy Consultation Periods: employers are concerned that the requirement that an employer proposing to make more than 100 employees redundant within a 90 day period must begin consultation at least 90 days before the first dismissal takes effect goes beyond the requirements of the Collective Redundancies Directive and limits flexibility for employers wishing to restructure their workforce
Whilst the need to comply with European law will limit the scope of reform, there may be potential for amendment in circumstances where domestic implementation has gone beyond the requirements of the relevant directive.