This report aims to provide an analysis on some of the employment law reforms under the Enterprise and Regulatory Reform Act 2013. The coalition government have implemented some substantial changes that have affected the way in which employment law works in practice. The changes reviewed are; the change in qualifying dismissal, the introduction of tribunal fees, ACAS mandatory conciliation and pre-termination negotiation. Methods of analysis include, obtaining information from the department for business and industry and ACAS comparing the amendments in the law with figures from the office of national statistics with a view to establishing a correlation between the reforms and the employment statistics. This report also focuses on comments from secretaries of state and legal commentators to compare the differing viewpoints and establish the potential effect against intended impacts. Results of the analysis into the reforms show that there is almost certainly an infringement on basic workers’ rights. The infringements come in the form of increasing qualifying periods, introduction of tribunal fees and adding additional steps for potential claimants to complete before they can bring any claim against an employer. Commentators describe the reforms as attacks and ask questions as to access to justice. The reforms have even prompted a large employment union to bring a judicial review case against the government. This report concludes that whilst there is the potential for these reforms to have a significant detrimental effect to employees and workers individually, overall on a collective basis the benefit has greater potential to increase employment rates. The implementation of the changes has reduced the fear factor and perceived risk of hiring employees and can be seen to a raise employment statistics and have a more flexible working environment leading to a better employment relationship between employer and employee.
Table of Contents
Executive Summary
Introduction
Report
The Current Economic Climate
Reforms under the latest government
Introduction of tribunal Fees
Change in qualifying Periods for employee claims in Unfair Dismissal.
ACAS conciliation
Pre-Termination Negotiations
Conclusions on the changes
Objectives & Core Themes
This report provides an analytical review of the employment law reforms implemented under the Enterprise and Regulatory Reform Act 2013, focusing on their impact on the employee-employer relationship and their overall contribution to national employment rates.
- The implementation and impact of mandatory tribunal fees for employees.
- The extension of qualifying periods for unfair dismissal claims.
- The introduction of mandatory ACAS early conciliation for workplace disputes.
- The codification of pre-termination negotiations to encourage flexible workforce management.
- An evaluation of how these reforms affect access to justice versus business growth incentives.
Excerpt from the Book
Introduction of tribunal Fees
Employment tribunals were created in the 1960s, in what can be described as more relaxed and informal approach to workplace disputes. In addition to this, employment tribunals were also able to offer expertise in a way that the civil courts could not.
With effect from 29th July 2013 tribunal fees will now be payable should any employee or employer wish to commence action. The fees are not retrospective so any claim in motion or in the system will not be subject to the fee, however, all appeals following on from a ‘fee free’ claim will attract the new fee. The new fees for Type A claims, an issue fee of £160 with a hearing fee of £230,For Type B claims an issue fee of £250 and a hearing fee of £950 will be charged.
Type A claims will be for issues such as; unpaid wages, payment in lieu of notice, redundancy payments; and your employer refusing you time off to go to antenatal classes. These types of claims are aimed at the simple cases that can be quantified easily. Type B claims are for the ‘more complicated cases ’ such as; unfair dismissal, discrimination complaints and claims under the Public Information Disclosure Act (whistleblowing), which are likely to be the majority of claims brought before the tribunal.
Summary of Chapters
Executive Summary: Provides an overview of the 2013 reforms and concludes that while individual worker rights may be infringed, the collective economic benefit may increase employment rates.
Introduction: Outlines the political context of employment law, highlighting the divergent manifesto promises of the major parties and the subsequent coalition government's agenda.
Report: Analyzes the economic climate and the specific legislative changes, including tribunal fees, dismissal qualifying periods, ACAS conciliation, and pre-termination negotiations.
The Current Economic Climate: Examines post-recession employment statistics and their correlation with recent legislative interventions.
Reforms under the latest government: Details the specific legal amendments introduced under the Enterprise and Regulatory Reform Act 2013.
Introduction of tribunal Fees: Discusses the structure of new tribunal fees, the opposition from trade unions, and the statistical impact on the volume of claims.
Change in qualifying Periods for employee claims in Unfair Dismissal.: Evaluates the doubling of the qualifying period for unfair dismissal claims from one to two years.
ACAS conciliation: Reviews the mandatory early conciliation process and its function as a prerequisite to filing a tribunal claim.
Pre-Termination Negotiations: Explores the legal framework for protected conversations between employers and employees before a formal dispute occurs.
Conclusions on the changes: Synthesizes the overall impact of the reforms, suggesting that the drive for economic growth has necessitated a shift in the balance of employment rights.
Keywords
Employment Law, Enterprise and Regulatory Reform Act 2013, Tribunal Fees, Unfair Dismissal, ACAS Conciliation, Pre-Termination Negotiations, Coalition Government, Worker Rights, Economic Growth, Access to Justice, Labour Market Statistics, Employment Relationship, Litigation, Mediation, Judicial Review
Frequently Asked Questions
What is the primary objective of this dissertation?
The dissertation analyzes whether recent employment law reforms by the UK government have strengthened the relationship between employers and employees and whether they have successfully stimulated employment.
What are the core thematic areas covered in this work?
The work focuses on four major reforms: the introduction of employment tribunal fees, the extension of the unfair dismissal qualifying period, mandatory ACAS early conciliation, and the use of pre-termination negotiations.
What methodology does the author employ?
The author uses a comparative analysis, examining official statistics from the Office for National Statistics, reports from the Department for Business and Industry, and academic/legal commentary to assess the impact of these legislative changes.
How does the government justify these reforms?
The government justifies these measures as necessary tools to reduce the "burden" on businesses, cut "red tape," and provide a more flexible workforce environment that encourages recruitment and economic growth.
What does the author conclude about the reforms?
The author concludes that while these reforms likely infringe upon individual worker rights and create barriers to justice, they may offer collective benefits by reducing the fear of hiring and promoting a "talk it out" culture.
Which key terms best describe this research?
Key terms include Employment Law, Tribunal Fees, Unfair Dismissal, Economic Growth, and Access to Justice.
Why did the introduction of tribunal fees face a legal challenge?
The trade union Unison challenged the fees, arguing they were punitive, discriminatory, and created a financial barrier that denied access to justice, though the initial legal challenge failed due to a lack of evidence.
How does the new pre-termination negotiation process work?
Under section 111A of the Employment Rights Act, employers and employees can hold "protected conversations" to settle potential disputes without those conversations being admissible as evidence in a subsequent unfair dismissal tribunal, provided no improper behavior occurs.
What is the role of ACAS in the new legislative landscape?
ACAS has been granted a more central role, requiring all prospective claimants to enter into mandatory early conciliation before they are legally permitted to file a claim at an employment tribunal.
- Citar trabajo
- Pete Underwood (Autor), 2014, Analysis on the employment law reforms under the Enterprise and Regulatory Reform Act 2013, Múnich, GRIN Verlag, https://www.grin.com/document/294225
