"Radical” Employment Law Reforms

25th January 2012

Radical” Employment Law Reforms Announced by the G

In November 2011 Business Secretary Vince Cable outlined to the manufacturers’ organisation, the EEF, the Government’s plans for the “most radical reforms to the Employment Law system for decades”.

Amongst the proposals are the following:-

  • To seek views on introducing compensated “no fault” dismissals for micro firms with fewer than 10 employees.
  • To consider the slimming down and simplification of dismissal procedures.
  • To consider the introduction of fees for Tribunal claims.
  • To require all employment disputes to be offered ACAS Pre-Claim Conciliation before going to a Tribunal.
  • To increase the qualifying period for unfair dismissal to two years from April 2012.
  • To consider having “protected conversations” to allow employers to have discussions with staff about retirement or poor performance, which could not be relied upon in a Tribunal claim.
  • To review the Tribunal rules so to make the Tribunal process simpler and more efficient.
  • To consider the development of a “rapid resolution” scheme to offer a quicker and cheaper alternative to Employment Tribunals.

Mr Cable described these proposals as “emphatically not an attempt to give businesses an easy ride at the expense of the staff”.

Daven Naghen, head of our Employment Team commented as follows on the proposed reforms:-

“No doubt if most of these proposals come to fruition then there will be seen to be a big shift in Employment Law in favour of the employer, especially those employers who are small businesses.

Some of the proposals make good sense in theory and appear “even-handed”.  I obviously await with interest the actual details.  I particularly feel the ideas of “protected conversations”, more pre-claim involvement by ACAS and a “rapid resolution scheme” are potentially very helpful to all parties.  These proposals do not necessarily weaken the position of employees, but hopefully will provide a more effective way of resolving work place disputes without the need for lengthy, costly and stressful Tribunal claims.

On the other hand employees will certainly feel that they will be disadvantaged by the proposal to increase the qualifying period for unfair dismissal to two years and by the imposition of fees for Tribunal claims.”

If you want any advice on any of the issues referred to in this article, then please do not hesitate to contact Daven on daven.naghen@maplessolicitors.com, or on 01775 722261 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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