Provisions in the Enterprise and Regulatory Reform Act 2013 coming into force from 25 June 2013

Source: The National Archives | 23-05-2013

According to section 103, the following employment law provisions in the Enterprise and Regulatory Reform Act 2013 will come into force on 25 June 2013:

• Composition of Employment Appeal Tribunal (section 12).
• Dismissal for political opinions or affiliation: no qualifying period of employment needed (section 13).
• Power by order to increase or decrease limit of unfair dismissal compensatory award (section 15).
• Whistleblowing: disclosures not protected unless believed to be made in the public interest (section 17).
• Whistleblowing: removal of good faith test and power to reduce compensation where disclosure not made in good faith (section 18).
• Tribunal procedure: miscellaneous (section 21).
• Indexation of amounts: timing and rounding (section 22).

Other employment provisions with later implementation dates are:

• Settlement agreements and confidentiality of negotiations before termination of employment (likely summer 2013).
• ACAS pre-claim conciliation (likely April 2014).
• Power of employment tribunal to impose financial penalties on employers for aggravating behaviour (likely April 2014).
• Decisions by legal officers (unknown implementation date).
• Whistleblowing: vicarious liability for employer for worker subjected to detriment by co-worker (unknown implementation date).
• Repeal of the third party harassment provisions in the Equality Act 2010 (unknown implementation date).
• Abolition of the discrimination questionnaire procedure in the Equality Act 2010 (unknown implementation date).
• Prohibition of caste discrimination (likely 2014/15).

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