- The minimum period between starting consultation on 100 or more proposed redundancies and the first dismissal taking effect has been reduced from 90 days to 45 days. The Secretary of State must also be notified of the proposals at the start of this period. New regulations also expressly exclude expiry of fixed term contracts from counting towards the threshold for consultation (but early termination of such contracts for redundancy would still be covered). The changes apply to proposals made on or after 6 April 2013.
Acas has just published new guidance reflecting the change, available here. Although this will be a useful guide for employers, setting out practical considerations (eg dealing with the psychological impact on individuals) as well as the law, those hoping for clear answers on the meaning of an "establishment" may be disappointed - indeed the guide acknowledges that legal advice may still be required on this issue. Case law is likely to develop this area further in any event. - Statutory maternity, paternity and adoption pay increased to £136.78 per week from 7 April 2013; statutory sick pay increased to £86.70 on 6 April 2013.
- Injury to feelings awards in discrimination claims are likely to increase by 10% from 1 April 2013, pursuant to the Court of Appeal ruling in Simmons v Castle increasing damages on grounds such as ‘pain and suffering’.
- The Mental Health (Discrimination) Act 2013 provides that, from 28 April 2013, the statutory model articles of association for companies will no longer provide for automatic termination of a director's appointment on grounds of mental health. Although not required to do so, companies with articles containing this provision may wish to consider removing it, to enable decisions on directors' capacity to be made based on the individual circumstances and taking into account employment rights. The Act also repeals legislative provisions preventing people with mental health conditions from serving as MPs, members of the devolved legislatures and jurors.
Key contacts
Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.