Every year brings with it some important new employment legislation for the employer to negotiate. Whether related to unfair dismissal, pensions, employment tribunals or redundancy, 2012 presents new legislation relevant to all organisations, large or small. Read our guide to the six key updates to make sure you are ready for the year ahead.
1. Qualifying period for unfair dismissal protection is increased
The biggest change to employment rights for 2012 is the increase of the qualifying period for an employee to bring an unfair dismissal claim from one year to two years. This change comes into force on 6 April 2012. The Government has said that it intends to increase the qualifying period for unfair dismissal to “provide more time for employers and employees to resolve difficulties, give employers greater confidence in taking on people and ease the burden on the employment tribunal process”.
- Qualifying period for unfair dismissal to be increased
- Employment law manual: Unfair dismissal – rights on termination
- Unfair dismissal: crackdown on tribunal claims
- Increasing the unfair dismissal qualification period
2. Pensions auto-enrolment begins
In what may prove to be one of the biggest challenges of the year for larger employers, starting from 1 October 2012, employers with 50 or more employees have to enrol eligible employees automatically, and make mandatory employer contributions, into a qualifying workplace pension scheme or the National Employment Savings Trust (Nest).
- Employment law manual: Pensions
- Plans still hazy for pension auto-enrolment
- More flexibility for pensions auto-enrolment
- Benefits and allowances survey 2011: pensions
3. Changes to employment tribunal procedure
The Government has announced a “fundamental review” of the Employment Tribunal Rules of Procedure, with substantial changes to employment tribunal procedure expected to be introduced on 6 April 2012. Employment judges will hear unfair dismissal cases alone in the tribunal, unless they direct otherwise. The maximum amount of a deposit order, which a tribunal can order a party to pay as a condition to continuing with tribunal proceedings, will increase from £500 to £1,000. The maximum amount of a costs order, which a tribunal may award in favour of a legally represented party, will increase from £10,000 to £20,000. Witness statements are to be taken “as read” unless a tribunal directs otherwise.
- Changes to tribunal procedure to come into force
- Employment tribunal system to be reformed
- Mehta v Child Support Agency: witness statements can be taken as read
- Tribunal procedures and other methods of resolution
4. Statutory redundancy payments and guarantee payments increase
The maximum amount of a week’s pay used to calculate a statutory redundancy payment and the basic and additional awards for unfair dismissal increases from £400 to £430 on 1 February 2012. The maximum unfair dismissal compensatory award increases from £68,400 to £72,300. The limit on the amount of a guarantee payment payable to an employee in respect of any day also increases from £22.20 to £23.50.
- Award limits and amounts payable under employment legislation from 1 February 2012
- Statutory redundancy payments ready reckoner
- Employment law manual: Guarantee payments
- Model policies and documents: Lay-offs and short-time working
5. Maternity, paternity, adoption and sick pay increase
The Government has confirmed that the standard rate of statutory maternity, paternity and adoption pay will increase from £128.73 to £135.45 per week from 1 April 2012. Statutory sick pay will increase from £81.60 to £85.85 per week from 6 April 2012.
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6. Watch this space…
There are a number of other employment law developments that are in the pipeline, but for which no date has been set. Employers can keep up to date with employment law developments throughout 2012 using the XpertHR legal timetable and HR calendar. For example, there are proposals for the introduction of employment tribunal fees and plans for the introduction of “protected conversations”, and there have been calls for evidence over whether or not the law on TUPE and collective redundancy consultation should be amended to reduce the burden on businesses. The Government has also announced that it will consult on reforming the law on employment disputes and removing the third-party harassment provisions of the Equality Act 2010.
- Government announces “the most radical reform to the employment law system for decades”
- Podcast: “Radical” employment law reform
- Introduction of tribunal fees could be a costly business
- Protected conversations: An unwelcome layer of complexity?
