Changes to Employment Law (2014)

13th January 2014

We came across an interesting article from Recruitment Buzz recently, which looked at the changes that will be made to Employment Law within 2014 and how these changes will affect both employers and employees. Below, we have summarised accordingly.

A proposal has been made to dissolve the service provision section of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE). This judgement was made after a meeting where the majority of attendants expressed their worry at the fact that the eradication of this section would cause apprehension and unease.

Minor changes will be made to give flexibility to employers regarding the terms and conditions following a TUPE transfer; although all activities that do not cease must be significantly similar for the TUPE to apply. Other alterations to TUPE were created to ease the pressure on employers relating to the completion of surveys and questionnaires on discrimination.

One of the largest changes that will benefit employees but is viewed as rather ambitious, especially for smaller companies, is the right to apply for flexible working being extended. This right has only been made accessible for parents, guardians and carers, although in the future the change will allow for anyone with 26 weeks of service to request flexible working.

However, an employer does not have to accept the request, but there must be a serious and legitimate reason for the request to be denied. Flexible working can provide a considerable number of benefits to employers, employees and businesses; flexible working can improve productivity and the atmosphere within the workplace.

Another change that will be enforced in 2014 is the start of ‘early conciliation’. As of April 2014 all those who claim will need to contact ACAS before lodging a claim to the board. To begin with conciliation will be offered to the claimant, although the individual will only be able to continue with lodging a tribunal claim once this resource has been used.

An amendment is to be made to Employment Law regarding sickness and absence. An introduction will be made to a health and work assessment advisory service, offering assistance for both employees and employers.

Keeping up to date with the changes isn’t always simple, but it is crucial that you do so; the changes will continue into 2015 with alterations being made to parental leave and adoption leave.

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One of the largest changes that will benefit employees