UK: Government plans - unfair dismissal and tribunal fees

The Chancellor has announced that the qualifying period to claim unfair dismissal is to be increased from 1 to 2 years with effect from April 2012. It is unknown whether the Government has analysed relevant statistics to rule out the possibility of challenging this increase on grounds of indirect discrimination. Employers may fear that it will simply lead to an increase in discrimination or whistleblowing claims from employees dismissed before the 2 year point (as these do not require any minimum period of service).

The Chancellor also announced that fees will be introduced for bringing an employment tribunal claim, refunded if the litigant wins their case.  No other details have been confirmed. There are media reports that fees will be introduced in April 2013 and that a public consultation on the issue will start by the end of November 2011.

In the meantime the Government's Red Tape Challenge is focussing on employment law until 19 October, and employers and employees are being encouraged to comment on which employment laws should be changed. In view of the unfair dismissal proposal, it is to be hoped that the Government will consider restricting whistleblowing claims to disclosures with a public interest element, rather than just grievances about the individual's own employment conditions.