Claims for Unfair Dismissal to be Extended 2 years

4th April 2012
Claims for Unfair Dismissal to be Extended 2 years image

Claims for Unfair Dismissal to be Extended 2 years

The Government Announces That the Claims for unfair dismissal Qualifying period has been extended to 2 years.

On 3rd October the Government announced that the qualifying period for the right to claim unfair dismissal will be extended from one to two years with effect from 6th April 2012.

The Government believes that this will help increase business confidence to take on more workers, and should see unfair dismissal claims drop by around 2,000 per year. The Government is also considering other issues of employment law, and in particular whether Claimants need to pay a fee for lodging Tribunal Claims. In his speech to the Conservative Party Conference on 3rd October, the Chancellor of the Exchequer indicated that such a fee will be introduced from April 2013.

Daven Naghen, head of the Maples Employment Team commented as follows:-

“This announcement has come as no surprise, and has been in the pipeline for a while. I suspect that this law change shall be challenged, with Claimants arguing that it constitutes indirect sex discrimination or indirect age discrimination. This is because statistically fewer women have two years qualifying service and the same can be said of younger people. The issue will be whether or not the Government can objectively justify the two year qualifying period. I think that ultimately the Courts will find in favour of the Government in respect of such challenges, since the Courts will not want to be seen to be interfering with the Government’s attempts to help businesses and “kick start” the economy.

Potential Claimants may look to get around this increase in qualifying period by instead claiming some form of discrimination instead of unfair dismissal since no qualifying period is needed for discrimination (e.g. on the grounds of sex, race, age etc). Therefore although I do expect a drop in the number of cases being brought each year, I am not so sure it will be as much of a drop as the Government predicts. Employers still need to be very wary of taking on staff, due to the complex myriad of employment legislation that still provides rights to workers notwithstanding the lack of continuity of employment.”

Further commentary will follow in our Employment Newsletter leading up to 6th April 2012 implementation date.

If you need advice on any employment issue, whether as an employer or an employee, then please contact Daven Naghen on 01775 722261 at daven.naghen@maplessolicitors.com or at 23 New Road, Spalding, Lincolnshire PE11 1DH or Gemma Mayer on 01775 722261 at gemma.mayer@maplessolicitors.com or at 23 New Road, Spalding, Lincolnshire PE11 1DH


Who Will You Be Entrusting With Your Conveyancing? image

Who Will You Be Entrusting With Your Conveyancing?

WHO WILL YOU BE ENTRUSTING WITH YOUR CONVEYANCING WORK?  THE CHOICE IS YOURS!

Are the selling agents or perhaps the mortgage broker pushing or trying to persuade you to use a particular conveyancing firm? If so, we would strongly recommend that you ask the following pertinent questions so that, armed with all relevant facts, you are better able to make a reasoned decision:-

Why?

Are the agents receiving a kickback or referral payment from the firm concerned? Using a firm in cahoots with an estate agency inevitably leads to a potential conflict of interest. Will such firm be working in your best interests or simply those of the introducer? Here at Maples we pride ourselves on being completely independent and we consider the idea of a referral fee both abhorrent and unethical. We much prefer to obtain our work based on past performance and recommendation.

How Much?

Do not be misled by a seemingly attractive basic figure initially quoted but be sure to enquire about and read the small print for add ons for so called “extras” (such as mortgage costs, preparation of a stamp duty land tax return, telegraphic transfer fees and the like) which suddenly spring up at a later date and only become apparent in the firm’s final statement. Ensure that you are comparing like for like. Here at Maples, we give you a complete and all inclusive rundown of our professional charges and all disbursements at the outset, with no hidden extras.

Where?

Is the firm local or, as is more likely, based in a completely different part of the country? If the latter, then the transaction will, without a doubt, be dealt with by post, phone or email and lack any personal contact. Here at Maples we are fully accessible, like to meet our clients to discuss and advise upon the transaction face to face and share with you the benefit of our wealth of local knowledge and experience.

Who?

Will you actually be aware as to who will be dealing with the matter for you or will you simply be a reference or matter number at the end of a phone in a firm dealing with volume conveyancing? Here at Maples, you will be assigned to your own experienced and dedicated conveyancer who will be responsible for and deal with the transaction for you from beginning to end, with a high level of personal service throughout.

Making a hasty and bad appointment could seriously prejudice or delay your transaction and cost you dearly. Getting honest answers to these four simple questions at the outset could make all the difference.

To discuss any Conveyancing matters please contact either Claire Smith or Anita Zaborniak of our Conveyancing Team or telephone the office 01775 722261.

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Testimonials

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

Daven Naghen LLB

"I felt the service I got from Maples was excellent and was very honest all through the process. I would recommend Maples as a first class Solicitors group"

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs ACILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

This is the second time we have used Mike Pepper at Maples Solicitors in the sale of our house. We cannot praise Mike enough for the highly efficient and professional service that he has provided us with. He is by far the best solicitor we have ever worked with, and the service that he has provided us with has gone far and beyond anything we have ever experienced. We have found the whole process to be a very relaxing experience.

Claire Smith FCILEx

Claire Smith has been amazing in every way. I highly recommend her and I am so grateful for all her help. She’s professional on all levels, reliable, extremely organised and I will be recommending her to everyone. I’m very lucky to have had her representing me and I can’t thank her enough. She is an asset to Maples. Thanks so much Claire!

Anita Zaborniak

We found it a pleasure to deal with Anita Zaborniak, she was most helpful and informative and kept us up to date with the progress of the purchase of our new home. If we were to move again we wouldn’t hesitate to use Maples again.