Friday 31 May 2013

Enterprise and Regulatory Reform Act Commencement Dates - 2/3

We previously told you about the commencement dates forwhistleblowing changes and the introduction of tribunal fees.  Here's the next in our series of emails about commencement dates.

The provisions relating to financial penalties on employerscome into force in respect of any tribunal claim presented on or after 25th October 2013.  Here's what they say...

Where an employment tribunal concludes that an employer has breached any worker's rights (note: worker, not employee), and considers that the breach has any "aggravating factor", then it may order the employer to pay a penalty to the Secretary of State of between £100 and £5,000.  Like a parking fine, the penalty is halved if paid within 21 days of the tribunal's decision being sent to the employer.

There are complicated rules if more than one claim is involved, and considerable debate over what an "aggravating factor" is.  These issues, and others, will be discussed during session 2 of my forthcoming Employment Law MasterClass.  Come along - it's a very full day and shouldn't be missed.

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