New Unfair Dismissal Claims Rules Could Encourage Bad Managerial Practises

Leading unfair dismissal experts Your Employment Matters comments on government plans to extend the qualifying period for unfair dismissal claims to two years.

The decision will see the qualification period for the right to claim unfair dismissal extended from 12 months to two years. The move will mean that an unfair dismissal claim can only be made after working for the same employer for two years. It will come into force on 6 April 2012 and is likely to have a considerable impact on future unfair dismissal claims.

The reforms mean that workers will now have to foot the bill for unfair dismissal claims if they want to bring the claim forward before the two year period.

The fees payable for lodging tribunal claims are still under consultation, though under the new proposals a claimant will have to pay £250 for lodging a claim and a further £1,000 if the case goes to a hearing. There is no obligation to do at present.

Caroline Harper from Your Employment Matters says;

“There is no way that anyone who feels they have been the victim of unfair dismissal should put up with it unnecessarily. By seeking advice from a professional it is easy to find out if you have the justification to make a claim for being dismissed unfairly.

“Many workers suffer from unfair dismissal and extending the period before anyone can claim for unfair dismissal by 12 months is not great for British business and could, ultimately, encourage bad managerial practises to flourish for longer.

“The new rules mean that the costs of making a claim are now placed on the individual claimant. Some claims companies will offer help on this if they think that your claim is strong enough – recouping the fee once a successful claim has been made.

“This way it is still possible to make a claim without incurring additional financial costs. However, it is always worth remembering that if a previous employer is successful at upholding their decision to make you redundant, they can claim for all expenses to be paid for by the claimant.”

Unfair dismissal is where your contract has been terminated without just reason and without adequate explanation of the reasons behind the decision.

Contact Your Employment Matters for help and professional advice relevant to your specific case.

For more information Tel: 01604 630488. Visit: www.youremploymentmatters.co.uk

Notes:

Your Employment Matters is based in Northampton. Caroline Harper is available for interview on all aspects of employment law. Case studies are available. For more information contact Dale Lovell on 01753 859 588 or email: dlovell@searchnewsmedia.co.uk

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