Call for Evidence on Workplace Dismissals

May 16
08:41

2012

Daniel Kidd

Daniel Kidd

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The Department for Business Innovation and Skills has today published a Call for Evidence on Workplace Dismissal Rules. Essentially, the Government is seeking views on:

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how employers use the ACAS Code of Practice on Discipline and Grievance in practice; andthe introduction of compensated no-fault dismissal for micro-businesses with less than 10 employees.

Depending on the outcome of this process,Call for Evidence on Workplace Dismissals  Articles the Government may then issue a consultation with a view to making changes in these respects.     
In the announcement, the Business Secretary, Vince Cable stated:
“… we… recognise that not all jobs work out for both parties – the staff member doesn’t quite fit or simply the relationship has irretrievably broken down.  And for micros in particular, who often don’t have legal or HR teams, the process to let a staff member go can be a daunting and complicated process.
We want to give businesses the confidence to hire new staff and make sure when a dismissal needs to be made, they aren’t tied up in red tape.  This is an effort to see how extensive the problem is and shed some light on the desire for a change to the rules”.We shall be reviewing the Call for Evidence and shall update you further on the detail and how you can contribute.  The Call for Evidence closes on 8 June 2012.  A link to the BIS announcement is here.
The Call for Evidence also confirms that  the Government will be consulting later in the year on the introduction of “protected conversations”, first announced by Nick Clegg, the Deputy Prime Minister back in November 2011, which will enable an employer and an employee to have a full and frank discussion without fear of the conversation being referred to in any Employment Tribunal proceedings.  It may be that the Chancellor will use his presentation of the budget next Wednesday to provide further details on this. 
Employer’s Charter
The Government has also published its annual update on the Employment Law Review which includes an update to the Employer’s Charter with pointers on sickness absence and recruitment.  Please find links to the Employment Law Review announcement and the Employer’s Charter here and here. 
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