Unfair Dismissal (April 2012 changes)

[charitynjw]

Judges to sit alone in unfair dismissal cases.
http://www.legislation.gov.uk/uksi/2012/988/made

Qualifying period for unfair dismissal now 2 years for persons employed after 6th April 2012.
http://www.legislation.gov.uk/uksi/2012/989/made

[Shadowcat]

Re: Unfair Dismissal (April 2012 changes)

The 2 years is an absolute disgrace, some employers will be busy around the 23rd month having a clear out to evade the law.

Also Charity - can you clarify the pros and cons of judges sitting alone for me (I need the idiots' guide).

[charitynjw]

Re: Unfair Dismissal (April 2012 changes)

Hi Shadowcat,

Previously, the panel consisted of the Tribunal Judge & 2 lay 'wing' members, one from the 'employer's' field, one from the 'employees'.
This latest development is probably a cost-saving measure.

[charitynjw]

Re: Unfair Dismissal (April 2012 changes)

http://www.morgan-cole.com/services/...ilchanges.html


The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2012 come into force on 6 April and for cases presented on or after 6 April 2012 the Regulations provide for the following:

• Deposit orders - the maximum deposit Employment Tribunals can order a party to pay if their case has little reasonable prospect of success increases from £500 to £1,000
• Cost awards - the maximum amount of costs Employment Tribunals can award increases from £10,000 to £20,000.
• Witness statements - these are taken 'as read' unless the Employment Judge directs otherwise.
• Witness expenses - these are no longer to be funded by the state and Employment Tribunals have the power to direct the parties to bear the cost of witnesses’ attendance.
• Employment Judges sitting alone in unfair dismissal cases rather than with two lay members - this applies for cases heard on or after 6 April 2012 unless the Employment Judge directs otherwise. The government will review this provision after a year.