Will It Be Easier To Dismiss Employees

I was just completing the company employment law update to send out to clients when it was reported to day (1.11.10.) that the coalition government are considering extending the service requirement to claim unfair dismissal from one year to two years. This on the face of it might bring some welcome relief for employers, but in reality will it make any practical difference?

Many employers in the first year of service will have taken remedial steps or terminated the employment of someone who they deemed to be unsuitable. In addition regardless of length of service there are something in the order of about 90 other claims an individual can bring against an employer to an employment tribunal, including unlawful discrimination on the basis of any of the nine protected characteristics and also unfair dismissal on one of the range of automatically unfair dismissal claims detailed with in the Employment Rights Act 1996.

So the service requirement change may bring limited assistance. Indeed it might increase the possibility of discrimination claims where no service requirement is needed.

However no doubt it will be of a talking point in employment law and employer circles in the coming months. Any clients are readers who need help in this area should not hesitate to call email or call us at enquiries@shieldhr.co.uk or 024 7669 3606.