header-logo header-logo

30 April 2009 / Charlotte Hamer
Issue: 7367 / Categories: Features , Procedure & practice , Employment
printer mail-detail

Employment law overhaul

Charlotte Hamer rounds up a bumper crop of recent employment law changes

The vast majority of statutory changes affecting employment law come into force on one of two dates in each year: 6 April or 1 October. The changes made on 6 April this year were something of a bumper crop, affecting a wide variety of practice areas including:

SDRP

The repeal of the statutory dispute resolution procedures and accompanying provisions (Employment Act 2008, ss 1, 2, 20, Schedule; Commencement No 1, Transitional Provisions and Savings Order 2008, SI 2008/3232, Art 2) (subject to transitional provisions), including repeal of provisions relating to:

      
      ●     automatic unfair dismissal for failure to follow statutory dismissal and disciplinary procedure, and partial reversal of Polkey;

      
      ●     inability to bring a claim where a grievance has not previously been raised; and
  

      ●     extension to time limits in certain circumstances.

ACAS Code changes

Introduction of the new ACAS Code of Practice on Disciplinary and Grievance Procedures and accompanying provisions under which an unreasonable failure

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick Vernon, Walkers Bermuda

NLJ Career Profile: Nick Vernon, Walkers Bermuda

Nick Vernon of Walkers on swapping Birmingham for Bermuda and building an employment practice by the sea

Bird & Bird—Christian Bartsch

Bird & Bird—Christian Bartsch

Global firm re-elects CEO for second term

Fletchers Group—Miriam Hall

Fletchers Group—Miriam Hall

Business appoints managing director of operational excellence

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll