The ever changing Employment law situation

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The ever changing Employment law situation

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With the quite extraordinary increase of 56% in the number of claims lodged with the Employment Tribunal in 2009 – 2010 compared to the previous year it will be very interesting to see what the government decides to do as a result of its proposals to reform the employment tribunal system. The consultation ends on 20^th April 2011 and the government has stated that its proposed changes to employment law are intended to ‘ensure maximum flexibility while protecting fairness and providing the competitive environment required for enterprise and growth’.

Perhaps two of the most controversial of the proposed changes is the increase in the qualifying period for unfair dismissal claims from the present one-year to two years and the requirement that a fee is now paid in order to lodge a tribunal claim.

Other proposals include: requiring all claims to be submitted to ACAS before a tribunal to allow ACAS a period of up to one month to offer pre-claim conciliation; introducing automatic financial penalties for employers found to have breached employment rights and this is on top of ordinary compensation that is already payable; reviewing the formulae for calculating employment tribunal awards and the statutory redundancy payment limits. These are just some examples as there are other proposals and we can only wait and see what, if any, are implemented by the government.

One thing is not in doubt; employment law remains in a constant state of change with the government, the courts (including the European Court of Justice) and politicians all having an input into what is ultimately to be decided. Both employers and employees must constantly be on their guard with this ever changing landscape so as not to fall foul of any of the legislation.

If you would like to discuss your employment matter then please call Hugh Reid on 01474 325531.