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ARTICLE · 02 MAY 2012

Employment Law Changes In April 2012

As a reminder, the following employment law reforms came into force this month...

United KingdomEmployment and HR
Kemp Little’S Employment Pratice Group
Kemp Little’S Employment Pratice Group

As a reminder, the following employment law reforms came into force this month:

  • The qualifying period for bringing a claim for unfair dismissal and requesting a written statement of reasons for dismissal increased from one to two years (effective from 6th April). This change will only apply to employees who commence employment with a new employer from 6th April onwards. Employees whose employment started before 6th April will remain subject to the one year qualifying period. Whether this will lead to a rise in discrimination and whistle-blowing claims remains to be seen.
  • Statutory maternity pay, paternity pay, additional paternity pay, adoption pay and maternity allowance increased from £128.73 to £135.45 per week (effective from 1st April).
  • Statutory sick pay increased from £81.60 to £85.85 per week (effective from 6th April).
  • Unfair dismissal cases will be heard by a judge sitting alone without lay members, unless the judge orders otherwise (effective from 6th April).
  • Where witness statements are used, they will stand as evidence in chief and be taken 'as read' at the hearing, unless a judge or tribunal directs otherwise (effective from 6th April).
  • The maximum amount of costs an employment tribunal can award increased from £10,000 to £20,000 (effective from 6th April).
  • The maximum deposit a tribunal will be able to order a party to pay if their claim has little reasonable prospect of success increased from £500 to £1,000 (effective from 6th April).
  • State funded witness expenses are to be withdrawn. Tribunals will have the power to direct parties to bear the expenses of any witness (effective from 6th April).

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