The order amends the Income Tax (Earnings and Pensions) Act 2003 to provide for an exemption from income tax for a benefit that arises when an employer pays for a Disclosure and Barring Service updating certificate, criminal record certificate or enhanced criminal record certificate in specified circumstances. The order can be viewed on the UK legislation website.
The Regulations remove the liability to national insurance contributions where an employer pays an employee's annual fee for membership of the Disclosure and Barring Service Update Service and a chargeable benefit arises. This applies where a fee is payable for updating certificates and criminal record certificates where the application is made at the same time as an application to join the Update Service or where a person already holds a certificate that is subject to updating arrangements. The Regulations can be viewed on the UK legislation website.
Once a Disclosure and Barring Service (DBS) (previously Criminal Records Bureau) check has been conducted, the results will be available online to enable employers to confirm that no new information has been added since the check was originally made, provided that the individual has subscribed to the update service. This means that an employee will not have to obtain a new check each time he or she starts a new job. The DBS' announcement of the implementation date of the Update Service can be viewed on the UK Government website.
The Enterprise and Regulatory Reform Act 2013 prescribes that proceedings before the Employment Appeal Tribunal will be heard by a judge sitting alone, unless a judge directs otherwise. It also introduces greater flexibility in the use of deposit orders and makes changes to the use of costs orders and payments for preparation time. The Act (PDF format, 1MB) can be viewed on the UK legislation website.
The Enterprise and Regulatory Reform Act 2013 amends s.43B of the Employment Rights Act 1996. A disclosure is not protected unless the employee reasonably believes that the disclosure is made in the public interest. Further, a disclosure no longer needs to be made "in good faith". Where a disclosure is not made in good faith, the employment tribunal will be able to reduce compensation by up to 25%. Further, an employer is vicariously liable where a worker is subjected to a detriment by a colleague because he or she made a protected disclosure, unless the employer has taken all reasonable steps to prevent the detriment. The Act (PDF format, 1MB) can be viewed on the UK legislation website.
The Enterprise and Regulatory Reform Act 2013 (PDF format, 1MB) (on the UK legislation website) abolishes the Agricultural Wages Board, an independent body that determines the minimum wage for workers employed in agriculture in England and Wales and has discretionary powers to regulate other terms and conditions of employment. Agricultural workers are brought within the scope of the national minimum wage. The Agricultural Wage (England and Wales) Order 2012 remains in place until 1 October 2013.
The Enterprise and Regulatory Reform Act 2013 amends the Employment Rights Act 1996 to remove the two-year qualifying period for unfair dismissal claims where the reason for dismissal is the employee's political opinions or affiliation. The Act (PDF format, 1MB) can be viewed on the UK legislation website.
The draft Regulations prescribe three alternative ways of working that meet the definition of full-time occupation under s.5 of the Education and Skills Act 2008. The draft Regulations can be viewed on the UK legislation website.
The Education and Skills Act 2008 changes the statutory framework placing a duty on all young people in England to participate in education or training until the age of 17 (increasing to 18 in 2015). It applies to those who have reached the age of 16 by the end of August 2013. The Act also amends legislation about the provision of adult education and training, and support for young people. The Act can be viewed on the UK legislation website.
Claimants who issue a claim against their employer in the employment tribunal are required to pay a fee. There are two levels of claim, depending on the complexity of the case, set out in the draft Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (on the UK legislation website). The claimant pays an initial fee to issue a claim and a further fee if the claim proceeds to a hearing. The tribunal may order the fees to be repaid to the claimant if he or she is successful with his or her claim. Fees are also payable for appeals submitted to the Employment Appeal Tribunal.
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The Enterprise and Regulatory Reform Act 2013 gives the Secretary of State the power to amend the maximum amount of the unfair dismissal compensatory award. The Act prescribes that the amount may be no less than the median annual earnings and no more than three times the median annual earnings, or no less than 52 times the claimant's weekly pay. In January 2013, the Government announced that it will introduce an individual cap of 12 months' pay, which will apply where this amount is less than the overall cap. The Act (PDF format, 1MB) can be viewed on the UK legislation website.
The Enterprise and Regulatory Reform Act 2013 renames compromise agreements "settlement agreements". A statutory code of practice sets out the broad principles for using settlement agreements, and model letters, a model settlement agreement and supporting guidance provide further guidance on settlement agreements. The Act (PDF format, 1MB) can be viewed on the UK legislation website.
The Employment Tribunal Rules of Procedure are revised to simplify and streamline the process for dealing with employment tribunal claims. Changes to the rules include combining pre-hearing reviews and case management discussions into a preliminary hearing, new strike out powers and a standalone rule to encourage alternative dispute resolution. The Government has confirmed that the rules will be issued in May 2013 in time for implementation in summer 2013.
Conversations between an employer and an employee or an offer made prior to the termination of employment, with a view to terminating employment on agreed terms, may not be taken into account by an employment tribunal when determining an unfair dismissal claim. The Enterprise and Regulatory Reform Act 2013 (PDF format, 1MB), which introduces the provision, can be viewed on the UK legislation website.
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The Regulations make transitional provisions to restrict the free movement rights of Croatian workers when Croatia accedes to the European Union. The draft Regulations can be viewed on the UK legislation website.
The Growth and Infrastructure Act 2013 (PDF format, 231K) (on the UK legislation website) introduces the "employee-owner" contract, a new type of employment contract. Employee-owners/employee-shareholders will be given between £2,000 and £50,000 of
shares in the business, which will be exempt from capital gains tax, in exchange
for foregoing certain employment rights. They will not have the
"ordinary" unfair dismissal protection after two years' continuous service. They will be unable to make statutory requests to work flexibly or in relation to study or training, and will not be protected against dismissal
for making either of these statutory requests, except in relation to a flexible
working request on return from parental leave. Employee-owners will not be
eligible for statutory redundancy pay, and will have to give 16 weeks'
notice to return early from maternity or adoption leave, as compared with eight
weeks for employees.
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Bus and coach drivers with "acquired rights", ie drivers who held a vocational driving licence when the driver Certificate of Professional Competence was introduced on 10 September 2008, must renew their certificate by taking 35 hours of periodic training within five years of this date.
The Welfare Reform Act 2012 replaces a number of benefits and tax credits that people receive when they are in and out of work with universal credit. It also introduces personal independence payments to replace disability living allowance. The Act is coming into force in stages, with universal credit introduced in October 2013. The Welfare Reform Act 2012 (PDF format, 592K) can be viewed on the UK legislation website.
The main rate of the national minimum wage rises from £6.19 to £6.31 per hour. The youth rate increases from £4.98 to £5.03 per hour and the rate for workers aged 16 to 17 increases from £3.68 to £3.72 per hour. The apprentice rate increases from £2.65 to £2.68 per hour, and the accommodation offset increases from £4.82 to £4.91 per day.
The Enterprise and Regulatory Reform Act 2013 amends the Companies Act 2006 to give shareholders the power to approve directors' pay on the approval of the directors' remuneration report and to give shareholders a binding vote on pay policy and exit payments. The Act (PDF format, 1MB) can be viewed on the UK legislation website.
The Government's progress report Employment law reform 2013: progress on reform (PDF format, 511K) (on the UK Government website) confirms that changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246), in relation to which the Government launched a consultation in February 2013, come into force in October 2013.
The draft order amends part 1 of the Education and Skills Act 2008 in consequence of the provisions made by part 7 of the Apprenticeships, Skills, Children and Learning Act 2009. It amends the definitions: "level 3 qualification"; "relevant training or education"; and "sufficient relevant training or education". The draft order can be viewed on the UK legislation website.
The Chancellor, George Osborne, announced in Budget 2013 (on the HM Treasury website) an increase from £5,000 to £10,000 in the amount that employers can lend to their employees on a tax-free basis.
The Chancellor, George Osborne, announced in Budget 2013 (on the HM Treasury website) the removal of the presumption of self-employment for limited liability partnership (LLP) partners. This aims to address the act of disguising employment relationships through LLPs and the artificial allocation of profits to partners to achieve a tax advantage.
The order amends the definition of "relevant matter" in the Police Act 1997, which sets out what
the Disclosure and Barring Service should disclose in response to an application for a criminal records certificate or an enhanced criminal records certificate. The order is made following the Court of Appeal judgment in R (on the application of T) v Chief Constable of Greater Manchester and others  EWCA Civ 25 CA. The draft order can be viewed on the UK legislation website.