Enterprise and Regulatory Reform Act 2013 (ERRA)

27 June 2013

A number of measures in the Enterprise and Regulatory Reform Act 2013 (ERRA) came into force on 25 June. These include changes to ‘whistleblowing’ provisions and a new exemption from the qualifying period of employment for political opinion dismissals.

Measures brought into force on 25 June (by virtue of S.103 ERRA) include:

  • S.13: no qualifying period of employment where reason for dismissal is employee’s political opinions or affiliation
  • S.15: power to change the maximum compensatory award for unfair dismissal ­ see the draft Unfair Dismissal (Variation of the Limit of Compensatory Award) Order 2013
  • S.17: public interest requirement for “disclosures”
  • S.18: power to reduce compensation where protected disclosure not made in good faith
  • S.20: extension of meaning/scope of ‘worker’ for protected disclosure claims
  • S.21: specific changes to deposit and costs orders.

A further change (by virtue of the Enterprise and Regulatory Reform Act 2013 (Commencement No.1, Transitional Provisions and Savings) Order 2013 SI 2013/1455) is:

  • S.19: which protects workers who have made a protected disclosure, from detriment by a co-worker or agent of the employer.