On 23 November, Vince Cable (Business Secretary) and the
Department for Business, Innovation and Skills ("BIS")
confirmed that the extension of the qualifying period of employment
required to bring an ordinary unfair dismissal claim to two years
will take effect from April 2012. No transitional arrangements have
yet been published.
Also from that date:
- witness statements in employment tribunal claims will be taken as read;
- expenses are to be withdrawn for witnesses; and
- Judges will sit alone for ordinary unfair dismissal claims (rather than sit with two other lay members in what is commonly referred to as an "industrial jury").
The above reforms are said to be designed to lower costs and
speed up tribunal claims.
The reforms are contained in the response by BIS to the
consultation on "Resolving Workplace Disputes". In that
response, BIS also indicates the Government's intention to
pursue the following potential changes:
- provision for employment tribunals to levy a financial penalty (payable to the exchequer) on employers who are found to have breached employment rights;
- compulsory lodging of all claims with ACAS, for an attempt at mediation, before they can be lodged with the tribunal;
- consideration of possible alternative schemes to provide quicker and cheaper determinations in low value, straightforward claims (such as holiday pay) as an alternative to the current employment tribunal process; and
- a fundamental review of the employment tribunal system which is expected to result in further reforms.
Watch out for our next Employment Law Radar for a comprehensive summary of all of the Government's proposals and consultations.
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