07771 505605 / 01455 291712 stephanie@ipersonnel.org.uk
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The government has made two important announcements this week, which impact on the employment tribunal system and which (potentially) heralds good news for employers.

Unfair dismissal – Two year’s service for bringing a claim

One of the major changes the Government announced on Monday 3rd October 2011 was the change to the qualification period for the right to claim unfair dismissal, which will move from one to two years, with effect from April 2012.  The purpose of this the Government says is to allow companies to resolve workplace disputes and overall reduce the number of tribunal claims. 

This should in theory give employers greater flexibility when dismissing an employee, however there is still some concern regarding the changes, as previously when the qualifying period was set at two years, there was a legal challenge of indirect discrimination to women.  Leading on from that now, there could potentially be further challenges on the basis of age (as younger people are less likely to have long employment).

Even if these these challenges stand up to legal scrutiny it is still advisable for employers to ensure they exercise caution and follow the correct guidelines when dismissing an employee.

A cost to claimants for bringing claims

The Government has also announced that as from April 2013, it intends to put in place a system where claimants will have to pay a fee for bringing a claim at the employment tribunal. The fee will be refundable if the claimant wins, however very little is known about the precise terms of the fees at the moment.  This is the first time such a system has been introduced and the Government reportedly proposes to consult on the level and structure of fees later this year.

Watch this space…..

For further details on this or any other facts, please contact us on 07771 505605 or Email: stephanie@independentpersonnel.co.uk