Our Human Resource blogs and articles are designed to give you up to date access to current information and issues
About Time Too – Two Important Changes to Tribunal ClaimsPosted on by Angela Rhodes
It has was revealed on 2nd October that Chancellor George Osborne plans to boost the economy and help businesses by announcing two important changes to employment legislation, intended to reduce the number of employment tribunal claims. Expected to come into force from April 2012, the qualifying period for unfair dismissal will be increased from one year’s service to two years. It is hoped that this will help employers feel more confident about employing people if the risk of being taken to a tribunal for unfair dismissal is reduced. However, employees can still take action, no matter what their length of service, if they suffer discrimination. Secondly, it is proposed that fees be introduced for tribunal claims. Although the information we have has not yet been clarified, if the following fee structure is put into place, we could see a reduction in the “serial tribunal-er” in years to come, which will be a good thing for employers:
- upfront fee of £250 when lodging an ET1 claim form;
- further fee of £1,000 payable by Claimant when the hearing is listed;
- higher fees if the claim is for over £30,000;
- fee to be refunded if Claimant wins, and forfeited if they lose
- fees to be waived for those with no money
- If the employee refuses an offer to be reinstated and it is unreasonable to refuse the offer.
- The employee is partly to blame for their own dismissal.
- Conduct before the employee was dismissed, this does not have to be linked with the actual dismissal. The conduct can still be taken into account if it is discovered after the dismissal.
- Redundancy payments already paid to the employee where the dismissal was due to redundancy.
- Ex gratia payments expressly or impliedly connected to the basic award.
< Go back