How can HR prepare employers for enhanced employee protection against unfair dismissal? Matt Jenkin offers his advice.
Out of all the changes to employment law proposed by the Employment Rights Bill, the number one concern for employers is the likely impact of the changes to unfair dismissal qualification. The Bill will see a day-one right for all employees to be protected against unfair dismissal, and will see the current requirement for employees to have two years’ service before they can bring an unfair dismissal claim, save in limited cases, disappear. As the ‘two-year rule’ is engrained within HR and employment lawyers alike, adjustments will be needed.
The change will mean that an employee, regardless of length of service, will be able to bring an unfair dismissal claim against their employer unless: they are dismissed during an initial period of employment; a “light touch” procedure is followed; and the reason for dismissal is capability, conduct, illegality or some other substantial reason relating to the employee.
Employers are understandably concerned. This could lead to a significant increase in employment tribunal claims, and exposure to large compensation awards when dismissing an employee with short service.
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There are still several unknowns in relation to the proposals. For example, the required light touch procedure that a business will be required to follow is still to be set out.
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