Protecting Workers: TUPE, Whistleblowing Protections, Tribunals and AI
- Employment Law
- 19th Jul 2024
TUPE and Whistleblowing Protections Labour aims to ensure employees are not disadvantaged during business transfers and to encourage the reporting of wrongdoing. Labour’s Proposed Change Labour proposes to strengthen the Transfer of Undertakings (Protection of Employment) Regulations 2006 and increase whistleblowers’ protections. Benefits and Challenges Expected Benefits: greater job security and ethical business practices. Potential […]
By Amy Jefferson
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TUPE and Whistleblowing Protections
Labour aims to ensure employees are not disadvantaged during business transfers and to encourage the reporting of wrongdoing.
Labour’s Proposed Change
Labour proposes to strengthen the Transfer of Undertakings (Protection of Employment) Regulations 2006 and increase whistleblowers’ protections.
Benefits and Challenges
- Expected Benefits: greater job security and ethical business practices.
- Potential Challenges: complexity in aligning new regulations with existing laws.
Implementation
Employers will need enhanced legal protections and support mechanisms for whistleblowers, as well as clearer TUPE guidelines.
Artificial Intelligence
Labour plans to make more robust requirements around surveillance technologies that intrude on a worker’s privacy, for example requiring consultation and negotiation with trade unions and employee representatives on high-risk technology.
Labour also plans to safeguard against discrimination in the use of AI in hiring and management processes, re-skilling programs for workers displaced by automation, and ensuring AI-driven decisions comply with anti-discrimination laws.
Increasing Time Limits and Compensation at the Employment Tribunal
At present, most Employment Tribunal claims need to be submitted within three months minus a day and statutory caps exist on compensation awards.
Labour’s Proposed Change
Labour proposes to increase the time limits for submitting Employment Tribunal claims to six months. They have also set intentions to remove the statutory cap on compensation in Employment Tribunal claims.
- Expected Benefits: greater access to justice, and fairer outcomes for claimants.
- Potential Challenges: increased burden on employment tribunals due to a potential rise in claims.
Implementation
The Employment Tribunal process will need to be streamlined, with increased resources for handling claims.
When to Expect These Changes
Labour has committed to passing a new Employment Bill within their first 100 days. However, it is highly unlikely that this will be enough time to introduce all of the legislative changes required to implement the proposals set out above.
It appears we can, however, expect some of the simpler proposals to be introduced within this time frame, not least in order to provide an early demonstration of Labour’s stated commitment to improving rights for working people.
About the expert
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Amy Jefferson
Following the completion of her undergraduate degree in Law, Amy started her legal career at a trade union law firm based in Sheffield in September 2022.
Amy’s interest in legal practice began following a series of trips to the Manchester Crown Court public gallery with her Grandad. What started as a few day trips sparked a real interest in legal practice and a few years later she undertook work experience with a high street firm in Bramhall specialising in employment law.
This area was further explored during university by studying an elective module in employment law and completing a part time work placement in employment law alongside studies in her final year. After university, looking to explore her options she began working in personal injury. However, quickly missing the pace and range of employment law, she returned to the area and has found the work to be meaningful and rewarding.
In her spare time, Amy likes to attend live music events and go for walks in the Peak District.
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