No end to ‘spurious’ tribunal claims, warns Hazelwood
Employers have been warned that the end of ‘spurious’ employment tribunal claims may not be in sight, according to Andrew Hazelwood, solicitor at law firm Thomas Eggar.
Employers have been warned that the end of ‘spurious’ employment tribunal claims may not be in sight, according to Andrew Hazelwood, solicitor at law firm Thomas Eggar.
Hazlewood’s comments follow this week’s Daily Telegraph reports that the Prime Minister is set to introduce an ‘employers charter’, allowing companies to dismiss workers in the first two years of employment without the threat of being taken to tribunal, rather than the present arrangement where employees can claim unfair dismissal after just one year.
“There is no doubt that Cameron is looking to shift the balance more in the employer’s favour but he is hamstrung by the limited changes the UK government can make, as much of the law comes from the European Court and Directives.
“While these changes are welcome, don’t expect this to be the end of frustrated employers or spurious claims. This change will only make it much easier to dismiss any employees who have between one and two years’ service, but the majority will remain protected from unfair dismissal and the changes will not impact on discrimination or other employment protection.
“These changes may stem the flow for a while, but the general upward trend in claims is likely to continue, especially since the new tribunal fees are so low and since there is currently no proposal to get the loser to pay the winner’s legal costs.
“Introducing payment of legal costs by the loser would have the most drastic results in reducing the number of claims but is not currently on the government’s radar.”
