Proposed Changes to Employment Law Tribunal System

The much anticipated consultation on reforming access to the employment tribunal system, 'Resolving workplace disputes', has now been published. The consultation period is open until 20 April 2011. The key proposals are to increase the qualifying period for unfair dismissal claims from one year to two years and to introduce fees for lodging Tribunal claims. The Government states that its proposed changes to employment law are intended to 'ensure maximum flexibility while protecting fairness and providing the competitive environment required for enterprise and growth'. It seeks to encourage disputes to be resolved early before they reach the tribunal system. If a dispute does result in a tribunal claim, the Government wants to see cases moving more quickly to conclusion to keep costs down for both the parties and the taxpayer.

Increasing Qualifying Period

The most controversial of the proposals is the increased qualifying period for unfair dismissal claims from one to two years. The Government believes such a move will enable businesses to 'feel more confident about hiring people' and create 'more time for the relationship to get established and work well', but not become 'a charter for...