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The consultation period of at least 90 days where 100 or more redundancies are proposed at one establishment is to be halved to 45 days from April 2013.
Currently, dismissals cannot take effect for the minimum period which can delay necessary changes. The consultation period is 30 days where 20 – 99 redundancies are proposed and the Government rejected calls to apply this across the board.
The change will be welcomed by employers as it enables more effective restructures with less impact on morale and productivity. Commonly, consultation is concluded within the 90 day period and employers and employees are keen to determine the outcome as soon as possible. Employers can utilise a longer consultation period if necessary however, unions are arguing that the changes make it easier to dismiss employees at a time of financial crisis.
The expiry of fixed term contracts will also be excluded from collective redundancy agreements and a new non-statutory Acas guidance for collective consultation will be introduced.
When entering into a settlement agreement, it is a requirement for the employee to get independent legal advice on the terms and effect of the agreement.
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The gender pay gap continues to make headlines but disparities in pay for disabled workers is given significantly less attention.
The Health and Safety Executive (HSE) has released its annual report detailing the number of injuries and incidents of ill-health in workplaces across Great Britain, and its statistics show that this number is too high.
The Upper Tribunal (UT) has considered the issue of control in the case of Christa Ackroyd Media Ltd –v- The Commissioners for HMRC and has upheld the decision of the First-tier Tribunal (FTT) that IR35 applied.
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