Deregulation Act 2015 comes into force

Implementation date: 1 October 2015

The Deregulation Act 2015 is commenced by the Deregulation Act 2015 (Commencement No.1 and Transitional and Savings Provisions) Order 2014 (SI 2015/994) and is coming into force in stages, with the removal of the power of employment tribunals to make wider recommendations in discrimination cases and other changes to employment law being introduced on 1 October 2015.

Key details

The provisions in the Equality Act 2010 that give tribunals the power to make wider recommendations (that may benefit others, and not just the claimant personally) are repealed. The Government's rationale for the repeal of tribunals' wider recommendations powers under s.124(3)(b) includes that:

  • it is aware of only one case in which a wider recommendation has been made by an employment tribunal since this power came into force in October 2010;
  • employers often make changes to their policies and practices as a result of a tribunal finding, without the need for a recommendation;
  • employment tribunals should not have to formulate proposals that go beyond the case in question;
  • s.124(3)(a), which allows tribunals to make specific recommendations in relation to the claimant, will remain in place; and the provision goes beyond what is required by EU law.

The Deregulation Act 2015 also exempts from health and safety law those self-employed people whose work activities pose no potential risk of harm to others, and extends the exemption that excuses turban-wearing Sikhs from having to wear a safety helmet on a construction site to all other industries.