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20th November 2008

NEWS IN BRIEF

The Employment Act 2008, which received Royal Assent on 13 November, will repeal the 2004 statutory dispute resolution procedures. It is likely to become effective as of April 2009.

The statutory dispute resolution procedures will be replaced by a new non-regulatory system. This will include a package of measures to encourage early / informal resolution of employment disputes possibly with increased support for the involvement of Acas, the government’s conciliation service.

The new Act also clarifies and strengthens the enforcement framework for the National Minimum Wage and strengthens employment agency standards to address some of the concerns about vulnerable workers.

Finally, it makes changes to the law as a result of the European Court of Human Rights judgement in ASLEF v UK. However, the part of the Act intended to ensure compliance with the ECtHR does not, in the opinion of Thompsons, the TUC and the unions comply.

Thompsons considers that this section of the Employment Act as amended by the Lords and passed by the Commons is an unnecessary further regulation of trade unions that will actually make it more difficult for unions to expel members of the BNP and other far right parties.

Read Thompsons' briefing on the then Clause 19 of the Employment Bill.

To read the Act, go to: www.opsi.gov.uk/acts/acts2008/ukpga_20080024_en_1

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