Additional Employment Law Update

More changes in Employment Law set to be imposed on the 29^th July 2013

The 29^th July is already set to be the date where numerous regulations will be imposed or varied.  These changes were set out in our “Employment Tribunal Rules & Procedures 2013 update”

It has now been confirmed that the 29^th July will see yet more changes these being the implementation of s14 of the Enterprise & Regulatory Reform Act 2013 which will allow for pre-termination negotiations and also the re-naming of Compromise Agreements to Settlement agreements.

What this means is from the 29^th July 2013 s14 of the Enterprise & Regulatory Reform Act will allow employers to hold discussions with employees with a view to terminating their employment under a Settlement Agreement.  Pre-termination discussions could even be where there is no formal dispute between the employer and employee.  The new s14 regulation goes further therefore than the current “without prejudice” principle currently in place.

The Employee will not be able to rely on the pre-termination discussions as evidence in an unfair dismissal claim. This protection does not however apply where there is a claim for automatic unfair dismissal or discrimination claim. If “anything said or done which in the tribunal’s opinion was improper, or was connected with improper behaviour” then evidence is inadmissible only “to the extent that the tribunal considers just”.

Improper behaviour will include all forms of harassment, bullying, intimidation, violence and putting undue pressure on the employee.

For further advice on the new s14 provisions please do not hesitate to contact a member of our Employment Team on 01978 291000 in Wrexham or 01244 312166 in Chester.