Anticipated changes to legislation


TUPE reforms

Outsourcing rules remain; collective redundancy consultation permitted pre-transfer; change of location on transfer amounts to an eto reason for a dismissal (so dismissals not automatically unfair); may become easier to dismiss/ change terms and conditions in connection with a transfer


Mandatory pre-claim conciliation

Potential claims must be submitted to ACAS before they can be lodged with tribunal; period of “pre-claim conciliation” stops the clock for claims to be submitted

Employer fines

Fines of up to £5,000 if an employer loses an employment tribunal claim and the breach has “aggravating features”; 50% discount for prompt payment

Abolition of discrimination questionnaires

Statutory questionnaire procedure abolished, so no formal process for requesting specific information prior to initiating discrimination claim


Extension of right to request flexible working

Right to request flexible working extended to all employees, not just those with caring responsibilities; statutory procedure replaced with duty to consider requests “reasonably”

During 2014

Introduction of compulsory equal pay audits

If employer loses gender related pay discrimination claim, tribunal has power to order a compulsory equal pay audit

Children and Families Bill completes passage through Parliament

Creates new framework for Shared Parental Leave, which is expected to be introduced in Spring 2015; increased rights for adoptive and surrogate parents

Response to Whistleblowing Call for Evidence

May result in extension of right not to be subjected to a detriment for having made a protected disclosure to job applicants