Wednesday, 12 June 2013

BIS publishes timetable for commencement of Enterprise and Regulatory Reform Act‏

Provisions coming into force on 25 June 2013:

S.12: changes to EAT composition
S.13: no qualifying period of employment where reason for dismissal is employee’s political opinions or affiliation
S.15: power to change the maximum compensatory award for unfair dismissal
S.17: disclosures not protected unless believed to be made in the public interest (for disclosures pleaded on or after 25th june)
S.18: power to reduce compensation where protected disclosure not made in good faith
S.20: extension of meaning of ‘worker’ for protected disclosure claims
S.21: changes to deposit and costs orders
S.22: changes to timing and rounding of annual adjustment of statutory limits, and
S.64: changes to the Equality and Human Rights Commission.
Provisions expected to come into force in Summer 2013 via commencement order:

S.14: confidentiality of negotiations before termination of employment
S.19: workers subjected to detriment by co-worker or agent of employer for making a protected disclosure
S.23: renaming of compromise agreements as ‘settlement agreements’, and
S.72 and Schedule 20 (partially): abolition of the Agricultural Wages Board (intended for 25 June).
Provisions coming into force on 1 October 2013 via commencement order:

S.65: removal of employers’ liability for third-party harassment
S.69: removal of strict liability for breach of health and safety duties, and
S.72(4) and Schedule 20 (partially): abolition of the agricultural minimum wage and introduction of the national minimum wage in the agricultural sector.
Provisions expected to come into force at the beginning of November 2013 via commencement order:

S.72 and Schedule 20 (remaining provisions): abolition of the Agricultural Wages Committees and Agricultural Dwelling-House Advisory Committees in England.
Provisions coming into force on 6 April 2014 via commencement order:

S.7 and Schedule 1: mandatory pre-claim Acas conciliation
S.8 and Schedule 2: extension of limitation periods to allow for conciliation
S.9: power to define ‘relevant proceedings’ for conciliation purposes, and
S.66: removal of the questionnaire provisions in S.138 of the Equality Act 2010.


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