Legal Ease

UNFAIR DISMISSAL PERIOD WILL INCREASE TO TWO YEARS FROM APRIL 2012

It has been confirmed that the Government intends to increase the qualifying period for bringing unfair dismissal claims from 12 months to 2 years from 6 April 2012. However, other employment rights that are available from the beginning of the employment relationship, such as those on discrimination, will remain in place.


EMPLOYMENT TRIBUNAL FEES

The Chancellor, George Osborne announced his proposal to introduce a fee structure for bringing an employment tribunal claim. The fee structure aims to reduce the number of ‘vexatious’ claims.

Although not confirmed by the government it is speculated that a claimant will be charged an initial fee of £250 when they submit their claim. A further fee of £1,000 will be charged when the matter is listed for hearing. Both fees will be refunded if the Claimant is successful but forfeited if the Claimant loses his or her claim.

It is also anticipated that there will be an exemption for ‘low income Claimants.’ The Government has not yet announced what threshold it will apply for this exemption. Given that Claimants are likely to be unemployed (usually the reason for bringing a claim), it is feasible a large number of claimants will fall outside the proposed fee structure.


BAD WEATHER DURING THE WINTER MONTHS

We have been warned that it will be another cold winter (although not the case so far!), so we thought it prudent to remind employers should be done to avoid being caught out if the bad weather arrives.

If you do not wish to pay employees when they are unable to attend work due to bad weather the rules should be made clear in the employee’s contract of employment and the Company Handbook, otherwise it could be viewed as an unlawful deduction.

Employer’s will normally only have the right to withhold pay if an employee’s absence is unauthorised. Therefore, employers need to consider whether the employee’s contract of employment makes it clear that absence due to bad weather is not an authorised absence or whether custom and practice prevails through actions that have taken place in the past. If it is not clearly stated, employers should amend their contract of employment and gain employees’ consent to the change.

It is important that employers communicate what process an employee should follow if they are not able to attend work due to bad weather and what will happen as a consequence.

Labels: Bad Weather, Employment Tribunal Fees, Unfair Dismissal period increase