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Insight

Enterprise and Regulatory Reform Act - indicative timetable

18/06/2013
The Department for Business, Innovation and Skills has published indicative timetables, outlining the commencement dates for key provisions of the Enterprise and Regulatory Reform Act 2013 (which The Department for Business, Innovation and Skills has published indicative timetables, outlining the commencement dates for key provisions of the Enterprise and Regulatory Reform Act 2013 (which received Royal Assent on 25 April 2013). This has also been followed recently by the publication of The Enterprise and Regulatory Reform Act 2013 (Commencement No 1, Transitional Provisions and Savings) Order 2013.

Here is a brief outline of the key provisions/commencement dates:

25 June 2013

• Section 12 - changes to the composition of the Employment Appeal Tribunal
• Section 13 - removing the qualifying period of employment in relation to unfair dismissal if the reason for the dismissal is the employee’s political opinions or affiliation
• Section 15 - power to change the maximum compensatory award for unfair dismissal (this is subject to a statutory instrument, which is expected to come into force in July 2013)
• Section 17 - disclosures not protected unless believed to be made in the public interest
• Section 18 - power to reduce compensation where disclosure not made in good faith
• Section 19 - protection for workers subjected to detriment by co-worker or agent of employer for making a protected disclosure
• Section 20 - extension of the meaning of ‘worker’ for whistleblowing claims

Expected Summer 2013

• Section 14 - confidentiality of negotiations before termination of employment
• Section 23 - renaming of compromise agreements as ‘settlement agreements’

1 October 2013

• Section 65 - removal of employers’ liability for third-party harassment of employees

6 April 2014

• Section 7 and Schedule 1 - pre-claim ACAS conciliation
• Section 8 and Schedule 2 - extension of limitation periods to allow for conciliation
• Section 9 - power to define ‘relevant proceedings’ for conciliation purposes
• Section 66 - abolition of discrimination questionnaires under the Equality Act 2010

The Government has stated that the commencement date for introducing final penalties for employers found to have breached employment rights will be announced once detailed implementation has been developed.

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