legal reaction to Government extending unfair dismissal qualifying period
legal reaction to Government extending unfair dismissal qualifying period "swimming against legal tide" - employment lawyer
Commenting on the one year extension to the qualifying period for unfair dismissal, Howard Hymanson, head of the employment practice at law firm Harbottle & Lewis said:
Today’s (Oct 3) government announcement on increasing the qualifying period for claiming unfair dismissal from 1 to 2 years will not have the desired cost saving impact predicted for British business due to developments in case law that have taken place.
The recent key decision on “employment status”, of the Supreme Court, in Autoclenz Limited v Belcher, now significantly improves the prospects of perhaps millions of “atypical” workers up and down the country, many of whom may have worked for the same busniess for more than two years, to have set aside the written terms of their contracts by an Employment Tribunal on the basis that they are not reflective of the reality of the true relationship. As a result many more workers are now aided in proving employment status and thus will be able to bring claims for unfair dismissal. This is likely to reduce the predicted cost saving of the changes to unfair dismissal law.