Enterprise And Regulatory Reform Act 2013: Commencement Dates For Employment Provisions

The Enterprise and Regulatory Reform Act 2013 (the Act) received Royal Assent on 25 April 2013.

The Enterprise and Regulatory Reform Act 2013 (the Act) received Royal Assent on 25 April 2013.

The Act has been greatly anticipated by employers and employment professionals alike as it includes many changes to current employment legislation (including the introduction of pre-claim conciliation, amendments to whistleblowing legislation, changes to the unfair dismissal compensatory limit and the abolition of discrimination questionnaires - to name but a few!).

A press release published by BIS, indicated the commencement of certain provisions of the Act on 25 June 2013. These include the following:

• Changes to whistleblowing legislation – this will close a loophole in whistleblowing protections to only allow individuals to whistleblow in matters of public interest. This will prevent workers from making whistleblowing claim at an employment tribunal for purely private matters e.g. problems relating to their own contract;
• Employment Appeals Tribunal Judges will sit alone;
• The qualifying period for unfair dismissal will not apply where the main reason for dismissal is the employee’s political opinions or affiliation;
• The introduction of the power to award deposit orders and costs and expenses to litigants in person.

Further provisions are planned to come into effect in October 2013 or April 2014 and BIS are due to publish further guidance shortly. We will, of course, keep you updated with any further news in our upcoming bulletins.