The Small Business, Enterprise and Employment Bill 2014 published

The Small Business, Enterprise and Employment Bill 2014 Published

The Small Business, Enterprise and Employment Bill has been published today. It contains the following…

First, under clause 136, a new system for enforcing tribunal awards: an ‘enforcement officer’ will give a 28-day warning notice if a tribunal award remains unpaid. If the monies are not then paid by the Respondent, a ‘penalty notice’ will be issued. The penalty is 50% of the outstanding amount, subject to a minimum of £100 and a maximum of £5,000. If the full sum, and the penalty, are then paid within 14 days, the penalty is reduced by 50%. The penalty is payable to the Secretary of State, not the Claimant.

Second, details of the ‘outlawing zero hour contracts’, announced earlier today. Clause 139 of the Bill provides a definition of a zero-hour contract, and renders any clause which tries to stop the worker working for somebody else void.

Third, a power to amend the employment tribunal procedural rules to limit the number of postponements available to a party (clause 137), and an obligation on the tribunal to consider making a costs award if the postponement application is a late one (the concept of what a late postponement is will be set in secondary legislation).

Fourth, a power to allow the Treasury to require repayment of some or all of a termination payment in a public sector exit (clauses 140-142). All the details will appear in secondary legislation.

Fifth, under clause 135, a framework requiring prescribed persons under the whistleblowing legislation to publish details of disclosures made to them (this is subject to detailed secondary legislation, not yet published).

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