Post subject: Unfair dismissal - qualifying period extended
Posted: Thu Nov 17, 2011 5:30 pm
Ferocious Aardvark
International Chairman
Joined: Feb 17 2002 Posts: 28357 Location: MACS0647-JD
... to 2 years, from April Fools Day 2012
Smart money is that they will also at the same time introduce a fee for bringing a claim; this will likely be relatively modest and then will increase exponentially like other court fees have.
Whilst this won't affect dismissals for grounds which are automatically unfair (pregnancy, discrimination, etc) it seems to me a retrograde step, and I don't see the justification for such a serious reduction in workers' rights - particularly given the current parlous state of the economy.
But - as in the case of innocent accident victims, banks, etc - the government is unashamedly in thrall to big business, and is keen to present them with nice little earners at every opportunity.
Whilst there has to be some qualifying time limit, a year is a long time. would ask - if I have worked somewhere for 1 year and 11 months of good service, why should the employer have carte blanche from April to sack me totally unfairly? I won't hold my breath waiting for an answer from these bastaards.
Last edited by Ferocious Aardvark on stardate Jun 26, 3013 11:27 am, edited 48,562,867,458,300,023 times in total
Post subject: Re: Unfair dismissal - qualifying period extended
Posted: Thu Nov 17, 2011 5:39 pm
Mintball
All Time Great
Joined: May 10 2002 Posts: 47951 Location: Die Metropole
Ferocious Aardvark wrote:... I don't see the justification for such a serious reduction in workers' rights - particularly given the current parlous state of the economy ...
Because it's one of the reasons the economy isn't growing – along with health and safety regulations.
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Post subject: Re: Unfair dismissal - qualifying period extended
Posted: Thu Nov 17, 2011 6:05 pm
rover49
Player Coach
Joined: Mar 05 2007 Posts: 13190 Location: Hedon (sometimes), sometimes Premier Inn's
Ferocious Aardvark wrote:... to 2 years, from April Fools Day 2012
Smart money is that they will also at the same time introduce a fee for bringing a claim; this will likely be relatively modest and then will increase exponentially like other court fees have.
Whilst this won't affect dismissals for grounds which are automatically unfair (pregnancy, discrimination, etc) it seems to me a retrograde step, and I don't see the justification for such a serious reduction in workers' rights - particularly given the current parlous state of the economy.
But - as in the case of innocent accident victims, banks, etc - the government is unashamedly in thrall to big business, and is keen to present them with nice little earners at every opportunity.
Whilst there has to be some qualifying time limit, a year is a long time. would ask - if I have worked somewhere for 1 year and 11 months of good service, why should the employer have carte blanche from April to sack me totally unfairly? I won't hold my breath waiting for an answer from these bastaards.
Workers rights - Tory government, not exactly a match made in heaven.
'when my life is over, the thing which will have given me greatest pride is that I was first to plunge into the sea, swimming freely underwater without any connection to the terrestrial world'
Post subject: Re: Unfair dismissal - qualifying period extended
Posted: Thu Nov 17, 2011 7:10 pm
sally cinnamon
Club Coach
Joined: Oct 12 2004 Posts: 16265
Ferocious Aardvark wrote:But - as in the case of innocent accident victims, banks, etc - the government is unashamedly in thrall to big business, and is keen to present them with nice little earners at every opportunity.
In fairness this will probably affect small businesses more as big business tends to have big HR departments and lengthy recruitment processes so they can get the right match. Small businesses have to take on more of a risk so anything that makes them less apprehensive about taking the risk is positive IMO.
Challenge Cup winners 2009 2010 2012 2019 League Leaders 2011 2016
Post subject: Re: Unfair dismissal - qualifying period extended
Posted: Thu Nov 17, 2011 7:18 pm
tb
In The Arms of 13 Angels
Joined: Mar 05 2002 Posts: 48326 Location: Londinium
Oh absolutely, it's the inability of small employers to fire someone unfairly in breach of the law after their first year of employment which is responsible for the dearth of jobs in the economy ...
Can you think of a single other area of law where the victim of an unlawful act isn't allowed to seek redress from the court until they've waited a qualifying period? Imagine the outcry if the government proposed that you could only ask a court to punish someone who burgled your house after you'd lived there for two years ...
Post subject: Re: Unfair dismissal - qualifying period extended
Posted: Thu Nov 17, 2011 7:20 pm
Rock God X
Player Coach
Joined: Oct 21 2006 Posts: 10852
sally cinnamon wrote:In fairness this will probably affect small businesses more as big business tends to have big HR departments and lengthy recruitment processes so they can get the right match. Small businesses have to take on more of a risk so anything that makes them less apprehensive about taking the risk is positive IMO.
If a company needs more than a year to decide whether an employee is any good, they don't deserve to be in business.
Post subject: Re: Unfair dismissal - qualifying period extended
Posted: Thu Nov 17, 2011 7:28 pm
Him
International Board Member
Joined: Jun 19 2002 Posts: 14970 Location: Campaigning for a deep attacking line
tb wrote:Oh absolutely, it's the inability of small employers to fire someone unfairly in breach of the law after their first year of employment which is responsible for the dearth of jobs in the economy ...
Can you think of a single other area of law where the victim of an unlawful act isn't allowed to seek redress from the court until they've waited a qualifying period? Imagine the outcry if the government proposed that you could only ask a court to punish someone who burgled your house after you'd lived there for two years ...
tb wrote:... and of course any employer can fire a worker for being incompetent (along with a host of other reasons) at any time, perfectly fairly and legally.
This measure relates only to firing someone unfairly and unlawfully.
Post subject: Re: Unfair dismissal - qualifying period extended
Posted: Thu Nov 17, 2011 7:54 pm
sally cinnamon
Club Coach
Joined: Oct 12 2004 Posts: 16265
In reality where this is most likely to be used is when businesses need to shed staff and so they can say last in first out, you started 18 months ago so sorry time's up. Also be able to select the less productive workers when it comes to that point. It gives businesses some more flexibility to hire and fire.
Challenge Cup winners 2009 2010 2012 2019 League Leaders 2011 2016
Post subject: Re: Unfair dismissal - qualifying period extended
Posted: Thu Nov 17, 2011 8:34 pm
Rock God X
Player Coach
Joined: Oct 21 2006 Posts: 10852
sally cinnamon wrote:In reality where this is most likely to be used is when businesses need to shed staff and so they can say last in first out, you started 18 months ago so sorry time's up. Also be able to select the less productive workers when it comes to that point. It gives businesses some more flexibility to hire and fire.
I think what you're referring to is known as redundancy, and is a quite legitimate course of action for a company that finds itself (genuinely) with surplus employees. That is not the same as dismissing someone unfairly.
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