Changes to unfair dismissal laws good news for businesses says Telford solicitor

May 10, 2012 - PRLog -- Telford, Shropshire, UK: Leading Shropshire law firm Martin Kaye LLP has welcomed changes to the rules on unfair dismissal, saying that the move is good news for businesses in Telford, Shropshire and across the UK.

Emma Palmer, the employment law team manager at Martin Kaye, said that under the new rules, employees will now have to work for an employer for two continuous years before they can make a claim for unfair dismissal.

“Previously employees only needed to complete one year’s service with a company before they could bring an unfair dismissal claim, but the changes will now come into force for employees taken on after April 6.

“The move is part of the Government’s aim to encourage growth by making it less risky for businesses to take new people on, and the longer qualifying period will give employers more time to establish whether someone is right for their business. It is hoped that this will also then lead to fewer disputes reaching the employment tribunal stage thanks to the stronger relationship between employers and their staff.”

Emma said the extension to two years marked a return to the pre-1999 position before the Government was forced to lower the qualifying period to one year.

“They reduced the time limit as it was found to be indirectly discriminating against women because due to childcare responsibilities, fewer women were able to clock up two continuous years of service. Research has shown there is now very little difference between the number of men and women with less than two years’ continuous service and so this argument is now less likely to succeed – although it will probably crop up again at some point in the future.”

However, Emma warned businesses to show caution and to take care not to get too carried away with the new changes. She said that companies must ensure that the correct procedures were followed from an employee’s very first day.

“They will still be able to bring claims which don’t have a qualifying period, such as discrimination claims, so it’s vital that employers follow the rules very carefully. The change is good news for businesses, but the consequences could be an increase in other types of claim which are often more complex and expensive. So companies should take expert advice if they are considering dismissing an employee with less than two years’ service to make sure they avoid the pitfalls the system creates.”

To find out more about Martin Kaye’s employment law department and the services they offer, visit http://www.martinkaye.co.uk/services/employment/employmen...