Essentially it proposes the following:
- A mandatory period of Acas conciliation before instituting tribunal proceedings (with heavy reliance on as yet unpublished detail by way of Regulations)
- Extension of limitation periods to allow for pre-issue Acas conciliation
- Introduction of 'legal officers' to make decisions in certain cases if all parties agree in writing
- EAT cases to be heard by a judge alone, unless ordered otherwise
- power for Secretary of State to limit unfair dismissal compensatory award to a maximum between the national median earnings and 3 x median earnings.
- According to Daniel Barnetts update and his conversations with Rowena Robson of the Department of Business, Innovation and Skills, the DBIS is working from a median average earnings figure of £26,000. That means (if the power is exercised) that the compensatory award will be capped at somewhere between £26,000 (one year's earnings) and £78,000 (three years' earnings).
- Alternatively, power for the Secretary of State to limit unfair dismissal compensatory award to one year's earnings
- Power for a tribunal to impose a penalty on employers of 50% of any financial award, subject to a minimum of £100 and maximum of £5,000, where there are "aggravating features" (not defined), with a 50% discount for payment within 21 days
- Defintion of 'qualifying disclosure' in whistleblowing legislation to be restricted to disclosures "in the public interest" (not defined)
- 'Compromise agreements' to be renamed 'settlement agreements
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