Employment law

Ending the employment relationship

The consultation seeks views on ways to support the use of settlement agreements and changes to the compensatory award limit in unfair dismissal cases.

The consultation covers two issues:

  • Ways to encourage the use of settlement agreements as a means of coming to a consensual agreement, allowing both parties to avoid the costs and stresses of a tribunal case
  • Changing the limit of the compensatory award in unfair dismissal cases to give employers more certainty about their potential liability and give employees more understanding of the value of unfair dismissal claims
  • Vist the BIS website to view the consultation
  • The Law Society of Scotland's response (November 2012)

Collective redundancies: Consultation on changes to the rules

Effective consultation over large-scale redundancies helps to ensure that employers make better decisions and that employees have a chance to have their say about the proposals. However, a recent call for evidence on the current rules on collective redundancy consultation showed that they are confusing, do not fit the current labour market and are contributing to bad quality consultation. The proposals on which BIS are consulting look to address these issues.

Green paper - Restructuring and anticipation of change : what lessons from recent experience?

This green paper aims to identify successful practices and policies in the field of restructuring and adaptation to change in order to promote employment, growth and competitiveness as part of the Europe 2020 strategy and in particular the industrial policy flagship initiative of October 2010 , the "Agenda for new skills and jobs" adopted in November 2010 . The green paper is also intended to contribute to improving synergy between all relevant actors in addressing challenges related to restructuring and adaptation to change and takes into account the important work carried out in recent years by the European Commission, the social partners, member states, regions and many other stakeholders.

Introducing fees in employment tribunals and Employment Appeal Tribunal

Bringing a claim or an appeal to the employment tribunal or the Employment Appeal Tribunal is currently free of charge with the full cost of running the tribunals being met by the taxpayer.

The aim of these proposals is reduce the taxpayer subsidy of these tribunals by transferring some of the cost to those who use the the service, while protecting access to justice for the most vulnerable.

Department for Business Innovation and Skills Call for Evidence: Effectiveness of Transfer of Undertakings (Protection of Employment) Regulations 2006

The call for evidence seeks views on the effectiveness of the Transfer of Undertakings (Protection of Employment) Regulations 2006 and how they might be improved, if at all. Whilst the regulations implement a European Directive and provide important protections for both employers and employees, the government is concerned that some businesses believe they are 'gold-plated' and overly bureaucratic. A series of questions have been provided to gauge views on whether this is the case and whether the regulations should be changed. Should the balance of evidence call for possible changes to the current regulations there will be a formal consultation on any proposed changes in 2012.