Shropshire employers have had a double dose of good news from
the Government this week.
John Mehtam, employment law specialist at Martin-Kaye LLP
Solicitors, in Telford, said legislation changes to reduce the
number of employment tribunals and to boost the economy had been
warmly welcomed.
"This is a rare occasion when legislation has been changed in
favour of the employer, and it's great news for Shropshire
companies at what is a very difficult time."
The first change comes into force on April 1 next year, when the
qualifying period for unfair dismissal will be extended from one
year to two years.
"This means employees will need two years' continuous service
with your company to claim unfair dismissal, and the Government
estimates the change will reduce the number of tribunal claims by
2000 per year," said John.
He said it was important to remember though that there will be
exceptions to the two year rule.
Employees will not be required to have been in their job for two
continuous years in order to make a claim for:
Health and safety dismissals; pregnancy-related dismissals (only
if the employer knew about the pregnancy); dismissals relating to
trade union membership or non-membership; dismissals in connection
with the national minimum wage; dismissals connected with refusing
to exceed the 48-hour working week; dismissals for whistle blowing;
unlawful discrimination (including sex, race, disability, age,
sexual orientation, part-time workers, fixed-term)
"As well as extending the qualifying period next year, April
2013 will introduce fees for people lodging a tribunal claim.
"The hope is that businesses will be encouraged to take on new
people without the fear of spurious tribunal claims if things do
not work out."
John said currently there was no fee for lodging a claim, and
more than 80 per cent of tribunal claims lodged did not proceed to
a hearing, with nearly half of those withdrawn by the employee
involved.
"But even if they don't get to a hearing, you will still have
spent time and money preparing a defence, so charging claimants at
an early stage is designed to ensure both parties have a stake in
proceedings."
For more information on Martin-Kaye Solicitors visit their
website here: www.martinkaye.co.uk