Employment Act 2008

A Bill to make provision about the procedure for the resolution of employment disputes; to provide for compensation for financial loss in cases of unlawful underpayment or non-payment; to make provision about the enforcement of minimum wages legislation and the application of the national minimum wage to Cadet Force Adult Volunteers; to make provision about the enforcement of offences under the Employment Agencies Act 1973; to make provision about the right of trade unions to expel or exclude members on the grounds of membership of a political party; and for connected purposes.

The Bill contains proposals to reform existing law covering industrial relations and employment protection. Key areas

• Repeals the Employment Act 2002 (Dispute Resolution) Regulations 2004 which were intended to reduce employment litigation, but had unintended consequences in practice
• The statutory dispute resolution procedures will be replaced by a new non-regulatory system; a package of measures to encourage early/informal resolution of employment disputes possibly with increased support for the involvement of Acas
• Clarifies and strengthens the enforcement framework for the National Minimum Wage
• Clarifies and strengthens employment agency standards to address some of the concerns about vulnerable workers
• Changes the relevant labour law to ensure compliance with the European Court of Human Rights judgement in Aslef v UK. This requires clearer rights for trade unions to determine their membership, after domestic courts held that trade unions could not lawfully expel British National Party activists.