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Employment Bill before House of Lords

by Sarah

Those of you who read our Blog regularly will be familiar with the consultation which took place earlier this year concerning the statutory dismissal procedure.

Well the Employment Bill is currently before the House of Lords.  You can read the full text here. The bill is not an Act of Parliament yet but if passed will repeal the statutory dispute resolution procedures.  It will also repeal s98A of the ERA 1996 concerning procedural fairness.  Instead, it will insert a new section 207A into the Trade Union and Labour Relations (Consolidation) Act 1992 which deals with a failure to follow the Codes.  Those familiar with the Act will be aware that this is a reference to the ACAS Codes and any issued by the Secretary of State.

The proposed wording of s207A permits an uplift of upto 25% to awards for failure by the employer to follow the relevant Codes of Practice if the Tribunal considers it just and equitable to do so.  Like the statutory dispute reolutuion procedure there is the same permitted percentage reduction if the employee is at fault.  Now where have I heard that before!

The Bill also deals with enforcement of the national minimum wage. 

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