Reform of employment law is back with a vengeance, largely driven by the ailing economy and the need to make savings or boost employment figures.

There has been a lot of coverage in the media this week of the GB employment change proposals by Adrian Beecroft (employment law is a devolved matter and NI may not adopt these proposals - see below). The original draft report appeared in October last year:
http://bit.ly/J9Xlc2

Most of the controversy around the report centres on the concept of 'Compensated No Fault Dismissals', with compensation limited to £12k unless the contract allows for more, and exemptions for 'small employers' (less than 10 employees) from certain jurisdictions, including the licensing for employers for children and the gangmaster licensing legislation. So far, so 1930s. But The Telegraph reported yesterday that three other recommendations were suppressed by the government when the report appeared in October, namely:

They called for the Government to delay plans to introduce flexible working for parents, to abandon proposals to allow all workers to request flexible working, and to remove regulations surrounding the employment of children. These appear in the October draft above under the small business exemption. More from The Telegraph:
http://tgr.ph/Jt58rH

Beecroft's proposals may be deemed 'bonkers' by the government Business Secretary in the coalition but they do find support in some places. Simon Walker, Director General of the Institute of Directors, said:

"Radical action is necessary to cut the severe burden of red tape on employers. The current system is so restrictive that it deters companies from hiring new staff, and in extreme cases firms are going under because redundancy procedures take too long. Beecroft's recommendations are encouraging, and the Government should back him strongly. Less red tape means more jobs.

"What we need to remember is that excessive labour market regulation discriminates against people seeking to enter the workforce. There are a million young unemployed people who are losing out because employment law protects existing employees at their expense. This is one reason why Spain has youth unemployment above 50%."

Of course, reforms are all the rage in GB at the moment. Last week the Home Office has announced various developments in GB equality laws:

* Equality Act 2010: consultation on repeal of two enforcement provisions - Following a review of equalities legislation under the Red Tape Challenge, the consultation seeks views on proposals to repeal the employment tribunals' power to make wider recommendations in discrimination cases and the procedure for obtaining information. The consultation closes on 7 August 2012:
http://bit.ly/Kj2Ft0

* Equality Act 2010: consultation on employer liability for harassment of employees by third parties. This consultation seeks your views on the government's proposal to repeal the provisions in the Equality Act 2010 which make employers liable for harassment of their employees by third parties over whom they do not have direct control, such as customers or clients. The consultation closes on 7 August 2012:
http://bit.ly/LXNJ7a

* Response to the consultation - Building a fairer Britain: reform of the Equality and Human Rights Commission. In light of the views expressed in the consultation of March 2011, the government has decided on a strong package of legislative and non-legislative reforms to clarify the commission’s remit, focussing it on those areas where it can add value because of its unique role and functions, and improve its financial and operational performance.
http://bit.ly/Jb0TQ1

The Position in Northern Ireland

We cannot be sure in Northern Ireland what changes will be adopted by the Assembly or when they might be adopted. However, given the amount of debate going on, there is probably not a better time for our readers to try and influence policy.

The Queen's Speech this month included intentions on early resolution and plans to increase the flexibility of parental leave. Employment law is a devolved matter in NI and we'll have to wait and see what happens in relation to this jurisdiction, notwithstanding the European element to changes to parental leave.

Our own Department for Employment and Learning published a discussion paper this month on whether Northern Ireland should adopt the employment changes agreed or proposed in GB.
http://bit.ly/IlNcO5

Legal-Island published its response a couple of weeks ago. In general, Legal-Island:

* Welcomes the report and the chance for interested parties to debate these issues
* Believes that the opportunity for NI to create a new era in workplace relations outweighs the costs and simplicity of not adopting GB changes
* Supports full tribunal hearings in complex cases but criticises tribunal rules and practices in ‘normal’ unfair dismissal cases
* Has concerns that an extension to the qualifying period for UD will lead to lazy management practices
* Supports an extension of ADR, particularly mediation, in employment disputes
* Criticises the use of witness statements in tribunals but applauds the improvements made in recent years within the NI tribunal system
* Opposes the introduction of fees and argues that deposit orders are sufficient deterrent to unmeritorious claims
* Opposes the introduction of compensated no fault dismissals for micro firms as a lost opportunity to build better employee/employer relations
* Supports the introduction of protected conversations in limited, mutually agreed circumstances

Read Legal-Island’s full response here:
http://bit.ly/IVDgLc 

Not to be outdone of the equality front, the ECNI has published a report calling for reform of disability discrimination legislation in a report entitled "Strengthening Protection for Disabled People - Proposals for Reform"

These changes are aimed at addressing inconsistencies within the disability equality legislation and strengthening the rights of disabled employees, customers, transport users, tenants, students in further and higher education and pupils in schools, against unlawful discrimination and a failure to make reasonable adjustments. Further, the changes will give additional protection against discrimination for those who care for disabled people.

They will also help harmonise and simplify the legislation, as well as ensuring that Northern Ireland equality law keeps pace with legislative changes that have already taken place in Great Britain or are due to be implemented.

Full report:
http://bit.ly/KlocRG

Summary:
http://bit.ly/KYp031

The ECNI is also launching the latest Equality Awareness Survey findings which shed light on public attitudes towards particular groups in society; personal experiences of discrimination and knowledge of rights and protections. It also considers who is most likely to express negative feelings and who is most likely to be the target of their prejudice.
 
The Position in ROI

The incredible rate of reform of the employment system in the Republic of Ireland shows no signs of slowing.

Their Minister for Jobs, Enterprise and Innovation outlined last week some of the tangible results delivered by the process so far:

* The new single Workplace Relations Customer Service portal is now fully operational. This replaces five separate contact points previously in place.
* A new workplace relations interim website is now in place.
* A Single Complaint Form that deals with over 100 first instance complaints has replaced the 30 forms previously in use. Over 70% of all complainants now use this form. A fully online version of the complaint form will be available later this year
* Complaints are now acknowledged and employers notified, on average, within five working days - prior to the introduction of the single portal this was taking up to eight months.
* Delivery of the pilot Early Resolution Service has commenced
* The backlog for Rights Commissioner hearings has been eliminated. It was 142 days in 2010

The Minister also outlined the next steps in the process:

* The next major step in this reform programme is to establish the two-tier Workplace Relations structure. This means that from the end of this year two statutorily independent bodies will replace the current five
* The responses to the feedback on the Blueprint document are currently being considered. This will inform the drafting of the legislation, which has already commenced.
http://bit.ly/JbULXT