A broad range of reforms
The Enterprise and Regulatory Reform Act includes several important changes to employment law in the following categories :
� Employment tribunal reform � Public Interest Disclosure Act ( whistleblowing ) � Health and safety � Equality law � Abolition of the Agricultural Wages Board
Employment tribunal reform
Early conciliation Changes
The Enterprise and Regulatory Reform Bill states that all claims must initially go through the ACAS conciliatory service before they can be taken to tribunal .
Criticism
The IER is concerned ACAS will not be able to effectively handle the huge pressure it will be under when all claims are directed through its services . In our submission to the government ' s consultation on the Enterprise and Regulatory Bill , Barrister at Old Square Chambers Anya Palmer said : " If ACAS is unable to cope due to insufficient resources being allocated , then the delays could be intolerable ."
Former Chair of ACAS Baroness Donaghy told the House of Lords on December 5th 2012 that without extra resources the organisation would indeed be unable to handle such massive work volumes . She also warned that the Coalition ' s plan to provide the required funds by passing on the savings made from fewer employment tribunals being held was an uncertain one that may not provide the government with its desired outcome .
Additionally , Baroness Donaghy expressed concerns that employers ' incentive to negotiate during conciliation may be undermined by the introduction of employment tribunal fees , which are set to be brought in this summer ( 2013 ). She
Employment Tribunal fees Claimants will be ordered to pay fees for tribunal hearings according to the below table , in which level 1 claimants include those claiming for redundancy pay , unpaid wages and pay in lieu of notice ; and level 2 claimants including those claiming for unfair dismissal and discrimination .
Fee Type
Issue Fee
Hearing fee
Level 1 Claim
Level 2 Claim
£ 160.00 £ 250.00
£ 230.00 £ 950.00
TOTAL £ 390.00 £ 1200.00
predicted that employers may hold out during mediation in the hope that their workers cannot afford to take them to tribunal .
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