The Employment Bill – Amendment paper – Big news!

The Draft Employment Bill was announced with much fanfare and excitement. However, some might say that it as heavy on content but light on substance.

The draft bill proposed sweeping changes that, whilst welcomed by many was criticised for being rolled out at breakneck speed and left many unanswered questions.

The Regulatory Policy Committee went as far as to say that the Government’s impact assessment on the reforms, which aims to justify and guide the bill, was not ‘fit for purpose’ and sought to highlight several shortcomings.

The amendment paper on the bill, that was published at the end of last month, was therefore eagerly awaited as it was hoped to look to iron-out some of the wrinkles and help provide further clarification about what the new legislation will look like.

It is surprising that the amendment paper did not attract greater publicity than the draft bill.  Perhaps that is because the bill is still to go to committee for further debate.  However, given the amendment papers introduced a new clause extending the limitation for bringing a tribunal claim from three to six months it is surprising it did not attract more column inches.  This change, if implemented, really is big news.

Currently, and generally speaking, the law provides that claims must be issued within three months of the act complained of.  Under the new proposals the government plans to double this time limit to six months. 

This is a welcome news for claimants who can feel compelled to rush into litigation to protect their legal position and often at a time when they are unwell or are grappling with ongoing appeal or grievance hearings. Consequently, many claimants are currently discouraged from bringing meritorious claims.

Kate Lea, Head of Employment Team
Lawson West Solicitors, Leicester

"Extending the limitation period will allow the parties time to complete internal procedures, allow breathing space and an opportunity for constructive dialogue with the prospects of settlement being achieved outside of the Tribunal system.  However, inevitably it will result in an increase in the number of Tribunal claims and this in turn has led to widespread concern about how the already strained tribunal system will be able to cope."

Whether the proposals will survive remains to be seen.  Watch this space!

Our employment law team can assist employees and employers with employment law legal advice and support Contact Us.

View all