On 27 January 2011 the Department for Business, Innovation and Skills (BIS) launched a consultation on wide-ranging reforms to the current Employment Tribunals system.
The Consultation paper sets out a number of proposals which are aimed at streamlining the Tribunal process and boosting economic growth.
In the employers favour…
Proposals include plans to raise the qualifying period for unfair dismissal from one to two years continuous service. The Government believes this will encourage economic growth by giving businesses more confidence when they consider taking on people. Whilst the Government has emphasized that this is not "a charter for businesses to sack people unfairly" the move will undoubtedly afford employers extra flexibility in managing employees.
Other key proposals within the paper include:
• Plans for a separate consultation on fees in the Spring;
• A power for Tribunals to strike out or order a deposit at any stage on weak claims;
• A requirement for further particulars of claim to be submitted before ET3;
• Financial penalties where there is failure to accept a reasonable offer;
• That witness statements will, moving forward, be taken as read; and
• Financial penalties for employers if they lose a case.
The consultation is due to close on the 20 April 2011. To understand the implications in more detail you are welcome to contact Helen Eden Helen.Eden@lwa.uk.com
