Rogers & Norton News

Government Takes Another Look at Bill

Wednesday, March 20, 2013

As the Enterprise and Regulatory Reform Bill continues to travel through Parliament, the Government is reshaping some of the provisions.

Unfair dismissal qualifying period
The unfair dismissal qualifying period has been amended to reflect the European Court of Human Rights’ decision in Redfearn v UK. Where the principal reason for dismissal is, or relates to, the employee’s political opinions or affiliation, the two-year qualifying period will not apply.

Whistleblowing protection
The government will remove the requirement for a disclosure to be made in ‘good faith’ in order to attract whistleblowing protection, although compensation can be reduced by up to a quarter if the disclosure is in bad faith. Also, an employer will become vicariously liable for a detriment caused by one worker to another who had made a protected disclosure – but employers who have taken all reasonable steps to prevent the detriment would have a defence.

Ability to pay
The Bill now says that where tribunals impose financial penalties on employers they must have regard to an employer’s ability to pay.