In a move to make life easier for employers, the Government has this week announced two major reforms to employment legislation:
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an increase in the qualifying period for bringing unfair dismissal claims – in future employees will have to work for two years before they can bring a claim
- a requirement for claimants to pay a fee when they issue a claim in the Employment Tribunal
On first reading these reforms are great news for employers and should assist the Government’s aim of improving employers’ confidence in taking on new employees. However, individuals will still be able to bring claims for whistle blowing and discrimination irrespective of their length of service. Our experience in recent years is that those individuals who do not qualify for unfair dismissal rights often attempt to shoehorn their claim into one of the more complicated areas of employment legislation. Similarly, whilst the introduction of a fee for ET claimants is welcome, the indications are that no fee will be charged for those individuals with no or low incomes. This means that virtually all employees who have been dismissed (i.e. the bulk of ET claimants) will be exempt from paying the fee.
The unfair dismissal reform will be introduced on6 April 2012. The Government will be issuing a consultation paper relating to the imposition of ET fees, which will consider the level of fees to be charged and how the fees are to be paid. It is anticipated that the fees will be introduced in April 2013.
Finally, the Government is also considering removing the third party discrimination provisions from the Equality Act. These provisions require employers to take reasonable steps to protect their employees from discrimination carried out by third parties such as the employer’s customers and suppliers. Employers often have very little control over the behaviour of third parties, and struggle to find ways of complying with the legislation. This proposal will also be the subject of a consultation process.
Louise Connacher
Director and Head of Employment Law
T: 0113 2802108
E: louise.connacher@luptonfawcett.com