The Government is proposing to introduce regulations which will provide that breach of health and safety duties will not give rise to civil liability unless there has been negligence on the part of the employer. This is a fundamental change to the current strict liability approach. However, the Government has recently completed consultation on a proposal that strict liability will remain in relation to pregnant women and new mothers.
UNISON has been given permission to seek a judicial review of the Government's decision to introduce fees for claims in the Employment Tribunal and the EAT from 29 July 2013. The union is arguing that the imposition of fees is a breach of EU law, indirectly discriminatory against women, and unfair because no fees are payable in other tribunals of a similar level in the judicial hierarchy. If the union's challenge is successful, any fees paid will be refunded.
BIS has announced that the current freeze exempting businesses with fewer than 10 employees from burdensome new regulations will be extended to firms with up to 50 staff. The new "Small and Micro Business Assessment" builds on the current "Micro Business Moratorium" which was introduced in 2011. New proposals for regulations will undergo an impact assessment to check whether they could result in unnecessary burdens that might impede the growth of smaller businesses.
The Government has launched the "Offshore Intermediaries Consultation" which sets out plans to tackle the growing practice of hiring employees through offshore intermediaries in order to avoid paying income tax and National Insurance Contributions. It is anticipated that the new measures imposing income tax and National Insurance Charges on offshore intermediaries will come into force in April 2014. In case of default, liability will pass to the party contracting directly with the end client, or to the end client. The consultation closes on 8 August 2013.
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