June 25th 2013 sees yet more changes in Employment Law.
The changes are in accordance with the Enterprise
The Public Interest Disclosure Act 1998 introduced protection for whistleblower which had many flaws. 15 years on and today marks the day some of the flaws have been rectified.
The changes include:-
1. A requirement that any disclosure be in the “reasonable belief of the worker” and be “in the public interest”.
2. The requirement for the disclosure to be “in good faith” has been removed. In effect this could mean that whistleblowing claims that are vexatious and motivated by spite could be brought as long as (1) above is satisfied. It should be noted that where a vexatious claim is brought the Employment Tribunal has the power to reduce an award by up to 25%.
3. Employers will now be vicariously liable for detriments by employees. There will be a statutory defence available in such circumstances similar to that available under the Equality Act 2010 i.e. all reasonable steps have been taken to prevent such behaviour
4. There are also changes to the meaning of “worker”
Other changes being implemented under the ERRA 2013 and the Employment Rights Act 1996 include:-
1. Employment Appeal Tribunal judges will sit alone
2. The qualifying period for unfair dismissal not to apply where the main reason for dismissal is the employee's political opinions or affiliation
3. The Compensatory Award to be capped at the lower of £74,200 or 52 week’s pay and the power to vary the unfair dismissal compensatory award further
4. The power to make regulations allowing tribunals to make deposit orders in relation to part only of claim or response, and award both preparation time and witness expenses to litigants in person
5. Changes to the way in which increases to the limit on a week's pay and other tribunal awards are calculated
6. The power to make caste an aspect of race discrimination
7. The abolition of the Agricultural Wages Board for England and Wales
