BIS hides their hand again

One of the key passages in the BIS Second Statement of New Regulation contains one or two “drafting errors”. It now reads:

“[The Government has] Consulted on changes to employment law that will give business the confidence to take on staff. We are proposing to increase the qualifying period for employees to be able to bring a claim for unfair dismissal from one to two years and we will be introducing fees for lodging employment tribunal claims to transfer the cost burden from tax payers to the users of the system.”

So, we are told, no final decision has been taken as to whether or not to increase the qualifying period. Form your own conclusions as to how meaningful any forthcoming consultation is likely to be. At the same time (and mysteriously) the justification for introducing fees for commencing tribunal claims has changed from discouragement of vexatious litigation to redistribution of the cost burden. That justification is the one that the Government led with when formulating the proposal for consultation. Note that there is no question that fees “will be” introduced.

Thanks to Daniel Barnett who winkled the information out of BIS.

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4 thoughts on “BIS hides their hand again”

  1. In my excitement I forgot to post BIS’s retraction (though you could have found it at the 11KBW blog).

    Hands up all those who think it is true that the Government really hasn;t yet made up its mind. Anyone? Anyone?

    1. Agreed. It will, perhaps, lead to a reduction in claims. I think a more laissez-faire approach needs to be taken in resolving workplace problems – although clearly this can only be done when the parties are in a more equal position i.e. small business owner with few employees.

      The unfair dismissal qualification increase is certainly a good move, and the writing was always on the wall as soon as the Conservative were elected.

      As for the financial penalties – can you see them being exercised? Aggravated damages can be awarded now, but how often are they ever awarded.

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