The recent legislative changes to whistleblowing protection
introduced by the Enterprise and Regulatory Reform Act 2013
("ERRA") has led the UK Government to call for evidence
on whether the provisions unaffected by the ERRA could also be
amended and revised. It is calling for views (amongst other things)
on (i) whether the term "worker" sufficiently covers all
those who need to be protected within the whistleblowing regime and
(ii) whether a code of practice should be issued for employers so
that they understand best practice when protecting whistleblowers.
The call for evidence closes on 1 November 2013.
A revised cap on the compensatory award for unfair dismissal has
been the topic of much discussion in the early half of 2013.
Subject to Parliamentary approval, a maximum of either (i) a
year's salary or (ii) £74,200 – whichever is the
lowest, will be introduced on 29 July 2013.
The UK Government has also announced that it intends to introduce
new legislation to govern employment agencies and employment
businesses. The changes attempt to provide more protection for
workers, by for example, (a) ensuring that an employment business
does not withhold payment from a temporary worker, (b) providing
greater clarity on who is responsible for paying a temporary worker
where multiple businesses are involved, and (c) preventing
employment businesses and agencies from penalising temporary
workers for terminating or giving notice to terminate a contract.
In addition, a particular focus on certain sectors (for example,
the entertainment and modelling sectors) is expected with
additional regulation and protection being provided for those
workers. A further consultation will commence once draft
legislation is produced.
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