Claims for Unfair Dismissal to be Extended 2 years

20th July 2017
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


Maples supporting Macmillan Coffee Morning image

Maples supporting Macmillan Coffee Morning

On 29th September 2017 Maples Solicitors LLP will be hosting a coffee morning as part of Macmillan’s “World’s Biggest Coffee Morning”.

Tea, coffee and cakes will be served from 10:00am until 1:00pm and all donations received will go to Macmillan Cancer Support to assist them with providing medical, emotional, practical and financial support to those facing cancer and their families.

At the same time, Maples will also be running a free Wills, Lasting Powers of Attorney and Probate clinic so that whilst you are in the office you may take the opportunity to discuss any of these with one of the Private Client Team with no obligation to commit. You can use the time to raise any questions you may have about making a Will, who you could appoint as Executors, whether you need a Power of Attorney or how a Power of Attorney works, for example.

Maples hope to see their existing clients join them for the coffee morning and very much look forward to meeting new people- everyone is welcome!

If you would like to discuss any matters in relation to Wills, Lasting Powers of Attorney or any Probate related matters prior to the coffee morning then please contact one of the lawyers in our private client team:-

Jane Mawer- jane.mawer@maplessolicitors.com
Jamie Dobbs- jamie.dobbs@maplessolicitors.com
Faye Blair- faye.blair@maplessolcitors.com

Or telephone the office on 01775 722261 and ask to speak with one of the team.

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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

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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.