- abolish the rule of one year's continuous employment before an unfair dismissal claim
- significantly increase the cap (currently £52,600) for unfair dismissal compensation
- impose greater obligations in relation to the reinstatement of unfairly dismissed employees
- abolish zero-hour contracts
- lower the threshold for union recognition.
The implications of such measures, if enacted, should not be underestimated. For example, employers often argue that a period of one year is necessary to allow an employee to settle into a position and to determine whether or not the employee is suitable for that role, but it would appear the government does not share this view. If the one-year rule is abolished, greater attention will need to be given to recruitment practices and to retraining good staff.
Interestingly, news of the possible extensions comes shortly after the Better Regulation taskforce made various recommendations to alleviate unreasonable demands on small- and medium-sized employers. These included the need to group together start dates for new legislation and to undertake further research on the effect of employment legislation – recommendations that appear to have been largely ignored by the government.
With the government having failed in its promises in a number of areas, including new TUPE legislation, and having delayed the implementation of other legislation, including the fixed-term workers regulations, one thing is sure: while the government may wish to implement changes, there is little likelihood of this happening anytime soon.
Source
Housing Today
Postscript
Amanda Harvey is partner and head of employment at solicitor Devonshires amanda.harvey@devonshires.co.uk
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