Current Dismissal Rules Under The Spotlight

The Government is examining current levels of understanding of the workplace dismissal process, and wants to hear from employees, businesses and all other interested parties.

This comes at the same time as the publication of draft legislation which will increase the qualifying period for claiming unfair dismissal from one to two years. This change will come into effect on 6 April 2012 so will apply to employees who start work with their employer on or after that date. The current one-year qualifying period will continue to apply to employees who started with their employer prior to 6 April 2012.

Business Secretary Vince Cable said:

“We are already implementing a radical package of reforms to the employment tribunal system and increasing the qualifying period for unfair dismissal from one to two years. These are all measures that will help improve the way businesses hire, manage and end a working relationship.

But we also recognise that not all jobs work out for both parties – the staff member doesn’t quite fit or simply the relationship has irretrievably broken down. And for micros in particular, who often don’t have legal or HR teams, the process to let a staff member go can be a daunting and complicated process.” 

The government want to gain a better understanding of the way the current dismissal system operates, including how businesses use the Acas Code of Practice on Discipline and Grievance, and how the Code could be adapted to make it easier to use and more accessible to smaller businesses.

Evidence is also being sought on whether a system of ‘compensated no fault dismissal’ should be introduced for businesses employing fewer than 10 staff and what the consequences could be, including the wider impact on both employer and employee confidence. This call for evidence sets out in the current legal framework for dismissal, summarises the existing evidence base and asks you to consider a number of questions and provide evidence in response.

The government also published the annual update on the Employment Law Review, which includes changes to the Employer’s Charter relating to sickness absence and recruitment.

The BWF would be delighted to here your views on such matters, which you can send through to me at matthew.mahony@bwf.org.uk

Companies can follow this link to take part in the call for evidence.