The Government has announced plans to review three extra areas in addition to its ongoing review of employment law which began earlier this year. The review forms part of the Coalition’s comprehensive initiative to improve economic growth by reducing red tape.
These new areas for review are:-
- Collective redundancy consultation periods - this is likely to involve a consideration of the 90 day consultation period where it is proposed that 100 employees are to be made redundant within 90 days;
- Transfer of Undertakings (Protections of Employment) Regulations ("TUPE") - it has been suggested that TUPE is more burdensome than is necessary in terms of European law;
- Compensation Awards by Employment Tribunals in claims involving discrimination - this is likely to focus on the question of whether discrimination compensation should be capped.
A major difficulty for the Government is the fact that the areas which they intend to review have their origins in European legislation and therefore there are limitations as to what the Government can actually change without being in conflict with EU law.
We will keep you up to date with the Government’s review as it progresses.