Several changes in employment law come into effect later this month (June), including those relating to whistle-blowing, tribunals and time off for young people under the age of 17.
Under the Enterprise and Regulatory Reform Act 2013, from June 25, a disclosure is not protected unless the employee reasonably believes that the disclosure is made in the public interest, whereas in the past a protected disclosure was any disclosure of facts made in good faith which the whistleblower reasonably believed tended to show that one or more specific types of wrongdoing had occurred.
Where a disclosure is not made in good faith, the employment tribunal will now be able to reduce compensation by up to 25 per cent. In addition, in a bid to prevent harassment, an employer will be vicariously liable where a colleague subjects a worker to maltreatment because they made a protected disclosure, unless the employer has taken all reasonable steps to prevent the maltreatment.
Also from June 25, proceedings before the Employment Appeal Tribunal will be heard by a judge sitting alone, unless a judge directs otherwise. The Act also introduces greater flexibility in the use of deposit orders and makes changes to the use of costs orders and payments for preparation time.
In addition, the Act amends the Employment Rights Act 1996 to remove the two-year qualifying period for unfair dismissal claims where the reason for dismissal is the employee’s political opinions or affiliation.
Meanwhile, from June 28, the Education and Skills Act 2008 will mean that all young people in England must participate in education or training until the age of 17, which will increase to 18 in 2015. This will make consequential changes in relation to the right to time off for young people for study or training purposes.