Gordon Brown’s "new" Government has published its first annual statement outlining the legislation the Government intends to propose to Parliament in the next session. The purpose of the draft legislative programme is to be more open on its emerging priorities.

The draft legislative programme includes details about the proposed Employment Simplification Bill. The Purpose of the Bill is to simplify, clarify and build a stronger enforcement regime for key aspects of employment law.

The main elements of the bill are:

  • Implementation of the outcome of the Gibbons review of workplace dispute resolution, including repeal of the statutory dispute resolution procedures and implementation of a package of replacement measures to encourage early/informal resolution and changes to the employment tribunal system;
  • Clarification and strengthening of the enforcement framework for the National Minimum Wage, specifically through the introduction of a straightforward penalty that can be levied against all non compliant businesses and a fairer method of calculating arrears;
  • Strengthening the employment agency standards enforcement regime by making offences under the Employment Agencies Act each way offences and clarifying investigative powers; and
  • An amendment to trade union membership law in light of the European Court of Human Right’s judgment in Aslef v UK (such that trade unions can expel members on the basis of their membership of a political party).

However, employers should also note that other proposed legislation could affect them.

The Education and Skills Bill will include a duty on employers to release young people to undertake education or training.

The National Insurance Contributions Bill will allow the Government to increase the Upper Earnings Limit and align it with the start of the higher rate of income tax.

The Pensions Bill will bring in the new low cost Personal Accounts on an "opt-out" basis, along with mandatory employer contributions.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 16/07/2007.