Enterprise and Regulatory Reform Act 2013 – updated timetable published by BIS

The Department for Business, Skills and Innovation has published an updated “indicative timetable” for the implementation of the various provisions of the Enterprise and Regulatory Reform Act 2013, which contains various reforms to employment law in the United Kingdom. The following reforms are due to be implemented on the following dates under the indicative timetable:

  • s.12: EAT hearings to be held by judges alone, without lay members (25 June 2013)
  • s.13: The qualifying period of two years’ continuous employment for employees to make an unfair dismissal claim is removed where the dismissal relates to an employee’s political opinion or affiliation (25 June 2013)
  • s.15: The cap on the compensatory award in unfair dismissal claims is reduced (to an amount yet to be determined) (25 June 2013)
  • s.17, 18 and 20: Changes to the law on whistleblowing are to be introduced, including: a requirement that the disclosure be “in the public interest”, provisions for reducing compensation in whistleblowing claims where the disclosure made was not made in good faith; and a widening of the definition of worker (25 June 2013)
  • s.22: An annual alteration to a variety of statutory payments is due to be introduced (25 June 2013)
  • s.14: Introduction of provisions regarding settlement agreements and the admission of pre-termination negotiations as evidence in the Employment Tribunal. It should also be noted that ACAS has finalised the accompanying code of practice to the settlement agreement provisions (Summer 2013)
  • s.23: The renaming of “compromise agreements” to “settlement agreements” (Summer 2013)
  • s.19: The introduction of vicarious liability for employers whose staff victimise whistleblowers (Summer 2013)
  • s.65: The removal of the provisions relating to third-party harassment from the Equality Act 2010 (1 October 2013)
  • s.69: changes to civil liability for employers who breach health and safety laws – evidence of breach of statutory duty does not give rise to civil liability unless specifically provided for (1 October 2013)
  • s.7-9 and Schedule 1 and 2: the introduction of the ACAS early conciliation scheme in Employment Tribunal claims (6 April 2014)
  • s.66: The provisions relating to discrimination questionnaires in the Equality Act 2010 are to be repealed (6 April 2014)

As well as the above, financial penalties for employers under s.16 and Schedule 3 are not yet to be introduced under the Enterprise and Regulatory Reform Act 2013