In response to representations from employers (including from NHS Employers) about the complexity of existing rules, the Government has announced a review of procedural rules within employment tribunals. This review is to be led by Lord Underhill who look at all aspects of the procedural rules. There will be a further consultation on this early in 2012.
You can read more about our response and the original consultation on our resolving workplace disputes page.
The Government is recommending a number of suggested changes which would be of particular relevance for employers in the NHS:
- The introduction of an "early conciliation stage" into tribunal procedures. Claims could not proceed if employees refused to take part in a conciliation process administered by ACAS. Employers could not be compelled to take part in conciliation but would be recommended to do so.
- A proposal to allow employers to have what are known as "protected conversations" with staff about issues such as performance, with such conversations not able to be automatically cited in employment tribunal claims. The aim is to allow employers to raise issues to be resolved without creating the basis for a claim by an employee.
- An extension of existing mediation schemes initially in the retail sector.
- Measures to simplify rules regarding “compromise agreements" includind amending the Equality Act 2010 to clarify its impact.
Further details on these consultations will follow once they are set out by Government in the New Year.
There are also a number of other measures referred to in the announcement on which further information is not yet available, including:
- A proposal to close a whistleblowing case law loophole which allows employees to blow the whistle about their own personal work contract.
- Consult in the spring to streamline the current regulatory regime for the recruitment sector.
- Create a universally portable CRB check that can be viewed by employers instantly online.
You can read more about the proposals on the BIS website.
Call for evidence
As part of proposed changes to employment law, the Government has announced a call for evidence on the effectiveness of TUPE regulations and on the collective redundancy regulations.
NHS Employers is seeking your views to feed into these consultations.
Read more about the calls for evidence and how to submit your views before 31 January 2012.