http://www.lawgazette.co.uk/news/tuc...nt-law-reforms
Tuesday 19 April 2011 by James Dean
Government plans for reform of employment tribunals will discriminate against black and minority ethnic groups, disabled people, women, and young workers, according to the Trades Union Congress (TUC).
The TUC said today that it is ‘seriously concerned’ that the government’s proposals ‘are heavily weighted in favour of employers and are likely to restrict access to justice’.
Under plans put forward by the government in its Resolving Workplace Disputes consultation, employees would only be able to claim for unfair dismissal if they had worked in a company for two years, rather than one year.
Citing government data in its response to the consultation, the TUC says that three million young people, ethnic minorities and female part-time workers would face increased job insecurity and suffer unfair treatment in the workplace as a result.
The TUC also opposes plans to introduce fees for launching tribunal claims, saying that working people would be priced out of claiming.
TUC general secretary Brendan Barber said: ‘While everyone wants to see a quicker and more efficient tribunal system, taking away people’s rights and pricing vulnerable workers out of the system is the worst possible way to achieve this.
‘The proposals to restrict protection against unfair dismissal will not only hit young people and female part-time employees the hardest, but will also open the door to more discrimination claims, creating confusion for staff and employers alike.
‘There is no credible evidence to show that restricting access to justice actually helps our economy, and it’s disappointing that ministers seem so keen to boost bad employment practices.
‘If the government is serious about improving the tribunal system, it should concentrate much more on encouraging disputes to be resolved before they get to court.’
The government says that between 3,700 and 4,700 fewer claims will be brought to tribunal if the qualifying period for unfair dismissal claims is extended from one year to two years.
The TUC said that extended powers for tribunal chairs to strike out applications without the need for a hearing or the opportunity for parties to make representations ‘threatened natural justice’, and said that it is ‘firmly opposed’ to proposals to allow tribunal chairs to sit alone in unfair dismissal cases.
It called on the government to carry out a fuller equality impact assessment on its proposals.
Meanwhile, the Forum of Private Business has called on the government to protect small businesses against vexatious claimants.
It said that 86% of its members backed doubling the deposit and costs limits for vexatious claims, while 62% supported doubling the qualifying period for unfair dismissal claims.
In related news, the Confederation of British Industry said today tribunals are slow and costly for employers because of a 'claim first, think later' culture.
Tuesday 19 April 2011 by James Dean
Government plans for reform of employment tribunals will discriminate against black and minority ethnic groups, disabled people, women, and young workers, according to the Trades Union Congress (TUC).
The TUC said today that it is ‘seriously concerned’ that the government’s proposals ‘are heavily weighted in favour of employers and are likely to restrict access to justice’.
Under plans put forward by the government in its Resolving Workplace Disputes consultation, employees would only be able to claim for unfair dismissal if they had worked in a company for two years, rather than one year.
Citing government data in its response to the consultation, the TUC says that three million young people, ethnic minorities and female part-time workers would face increased job insecurity and suffer unfair treatment in the workplace as a result.
The TUC also opposes plans to introduce fees for launching tribunal claims, saying that working people would be priced out of claiming.
TUC general secretary Brendan Barber said: ‘While everyone wants to see a quicker and more efficient tribunal system, taking away people’s rights and pricing vulnerable workers out of the system is the worst possible way to achieve this.
‘The proposals to restrict protection against unfair dismissal will not only hit young people and female part-time employees the hardest, but will also open the door to more discrimination claims, creating confusion for staff and employers alike.
‘There is no credible evidence to show that restricting access to justice actually helps our economy, and it’s disappointing that ministers seem so keen to boost bad employment practices.
‘If the government is serious about improving the tribunal system, it should concentrate much more on encouraging disputes to be resolved before they get to court.’
The government says that between 3,700 and 4,700 fewer claims will be brought to tribunal if the qualifying period for unfair dismissal claims is extended from one year to two years.
The TUC said that extended powers for tribunal chairs to strike out applications without the need for a hearing or the opportunity for parties to make representations ‘threatened natural justice’, and said that it is ‘firmly opposed’ to proposals to allow tribunal chairs to sit alone in unfair dismissal cases.
It called on the government to carry out a fuller equality impact assessment on its proposals.
Meanwhile, the Forum of Private Business has called on the government to protect small businesses against vexatious claimants.
It said that 86% of its members backed doubling the deposit and costs limits for vexatious claims, while 62% supported doubling the qualifying period for unfair dismissal claims.
In related news, the Confederation of British Industry said today tribunals are slow and costly for employers because of a 'claim first, think later' culture.
Comment