Riding Out The Storm Together?

RIDING OUT THE STORM TOGETHER? MORE LIKE TRAMPLING OVER EMPLOYEES’ RIGHTS WITH A CARTHORSE

So here it is, the CONdem Government shows its true view of the average working person today by its blatant attempt to dilute workers’ rights in 2 major ways:

1. By bringing in court fees for Employment Tribunal cases meaning that in a typical case, it will cost a person £1,250 to issue Tribunal proceedings and have a hearing.

Now, bearing in mind the most common award for unfair dismissal is in the region of £4,500, a person who has just been dismissed is supposed from April 2013 to fork out £1,250 to be able to get justice. This really shows that access to justice for those on average or low wages is becoming a thing of the past, with only the rich (with savings...remember those?) able to afford to get justice from the Tribunal system. How many employees, who have been sacked unfairly, with all the stress of paying the rent or the mortgage, feeding the family and so on, will be able to stump up £1,250 within 3 months of being dismissed (because the three month time limit still applies)? Well, the CONdem Government’s own stats predict that at least 2,000 extra workers will be put off from bringing such a claim – I think it will in fact be many more.  Fees will be even higher for cases where damages of more than £30,000 are sought, as is common in claims of discrimination.

2. They also plan to extend from April 2012 the period of qualifying service to gain protection from general unfair dismissal from one year to two years in order to make the workplace more ‘flexible’ – flexible of course only for the employer not the employee, who faces an extra year of uncertain employment, during which he or she may be able to be sacked unfairly at any time.

This shows what the CONdem Government’s ’business-friendly’ approach really means: weakening workers’ rights and making it harder for an average person to get justice against an employer which acts unlawfully or unfairly.

-        David Sorensen, Partner

For further information, please contact our Employment Rights team on 0113 245 0733.