Employment Law
The End of the Two-Year Rule?
The Labour Party has committed to scrap qualifying periods for unfair dismissal claims if it wins the election. But has the two-year ‘safe period’ already gone?
The introduction in 2013 of fees for individuals wishing to bring a claim in an Employment Tribunal saw a 70% drop in claims. The decision of the Supreme Court in July 2017 that these fees were unlawful led to speculation that claims would rise again.
Recent statistics from ACAS appear to bear this out – ACAS saw demand for their early conciliation service increase by more than 20% in the two months after the ruling, and a massive 60% increase in tribunal claims compared to the same period in 2016. Figures from the tribunals also indicated a 64% rise in single tribunal claims in the three months following the abolition of fees.
The implications for employers are clear – the fees were perceived by disgruntled employees as a major barrier to bringing a claim. With the removal of this dis-incentive there will be an increasing likelihood of people deciding to enter into litigation, highlighting the importance of having the proper policies and procedures in place, and being up to date with all aspects of Employment Law.
