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Update | Employment: Enterprise and Regulatory Reform Bill

Sue Ashtiany reviews the new procedures and compensation rules to be introduced by the Enterprise and Regulatory Reform Bill

22 October 2012

The snappily named Enterprise and Regulatory Reform Bill has just completed its report stage and third reading in the House of Commons. It is making big changes to employment law and Royal Assent is expected before the end of the year, with some provisions coming into force shortly thereafter. A noticeable aim is to impede claims from reaching tribunals at all, even though there was a 15 per cent drop in claims in 2011-2012. As with the introduction of fees from next year when all claimants will have to pay to take a claim and again to have a hearing, the government’s stated objective is to ensure that tribunals “are used as the option of last resort to resolve employment disputes”.

Mandatory pre-claim ACAS conciliation

Prospective claimants will be required to contact ACAS before they can begin most types of employment tribunal proceedings including unfair dismissal and discrimin...

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