Pictured: John Buchanan, employment law specialist at
Nottingham law firm Rothera Dowson
A leading employment law specialist is warning that planned
changes to the rules surrounding rights on dismissal could lead to
a significant increase in other claims such as whistleblowing and
discrimination.
John Buchanan, solicitor at Nottingham law firm Rothera Dowson,
made the comments following the Government's confirmation of plans
to radically change core elements of employment legislation.
Recently detailed by Business Secretary Vince Cable, the planned
changes follow a consultation on resolving workplace disputes and
include significant changes to the dismissal system.
Under the plans, businesses with 10 employees or less would be
able to use a 'compensated no-fault' dismissal system, meaning they
could sack staff without the risk of a tribunal if they pay
compensation. From April this year, the qualification period for
unfair dismissal will also be increased from one to two years;
something John believes may not have the required impact of
reducing the number of claims:
"This change basically means that staff will have to work for at
least two years before they can claim unfair dismissal. However, I
believe that those who feel that their dismissal hasn't been
handled correctly will simply look at other options that don't
require a two-year qualifying period.
"I would expect to see more claims of discrimination and
particularly more claims of whistleblowing, which could prove to be
a real headache for employers, particularly as such claims tend to
me more legally complex."
Mr Cable has also confirmed that consultation will be held on
the proposed introduction of Employment Tribunal fees, designed to
encourage Claimants to seriously consider the validity of their
claims. The consultation will propose that employees should pay an
initial fee to lodge a claim and then a second fee to progress the
claim to a hearing.
However, John does not believe that this proposal will go
through in its entirety:
"It would come as a huge surprise should any form of fee be
introduced for issuing claims. If a fee is introduced, I believe
that it will only be for issuing the case initially and I doubt any
fee will exceed £100."
For further information on Rothera Dowson, visit www.rotheradowson.co.uk or
call 0800 124 4012.