Pictured above: Mark Ridley, associate and head of
employment law at Station Square-based Coventry legal firm Band
Hatton
Proposed changes to laws surrounding employment tribunals could
help protect employers against frivolous unfair dismissal claims
according to a leading West Midlands law firm.
The Government have announced those wishing to make a claim for
unfair dismissal may have to pay a fee before taking legal action.
Plans have also been unveiled to increase the time an employee must
have been in a job before they are eligible to make a claim from
one year to two.
Mark Ridley, associate and head of employment law at
Coventry-based legal firm Band Hatton, said: "These changes are
positive for employers and should go some way to eliminating the
time-consuming and costly processes associated with defending
against frivolous claims.
"Official figures show that the number of tribunal claims rose
by 56 per cent last year to a record 236,000.
"Therefore any proposal which can reduce the costs associated
with these claims and cut some of the red tape surrounding
businesses is likely to be welcomed by employers."
Another change proposed is the introduction of compulsory
referral to the Advisory, Conciliation and Arbitration Service
(Acas) to try alternative methods of dispute resolution prior to
initiating legal proceedings.
It has also been suggested that employment judges will now take
decisions alone rather than as part of a three-person panel as is
currently the case.
"The introduction of compulsory conciliation should prevent many
cases from reaching the court room, which will have the benefit of
reducing time and financial costs.
"A compulsory fee for those pursuing the claim, which some have
speculated could be as much as £500, should also help to
deter frivolous claims and avoid the possibility of employers
feeling pressured to settle cases which should not have been
brought in the first instance.
"These are significant changes which could have a real impact on
employers and I would urge anyone who may be affected by these
proposals to seek professional guidance at the earliest
opportunity."