44 employment


EMPLOYMENT LAW IN PRACTICE with


Doyle Clayton the employment solicitors


Unfair dismissal reform – Q&A


On October 3, 2011 the Government confirmed that it will be increasing the qualifying period for claiming unfair dismissal from one to two years and introducing fees for bringing employment tribunal claims. Here are some of the questions we have been asked about the changes:


Unfair dismissal


• Why change the qualifying period?


The stated aim of the change is to encourage employers to take on new employees. There were 47,900 unfair dismissal claims in the UK in 2010-11 and the Government estimates that this will drop by about 2,000 a year.


• When will the changes take place?


The change to the qualifying period will take effect on April 6, 2012. No information has been given about transitional arrangements for existing employees.


• What will be the likely impact of the changes?


Some have predicted that the change may have the effect of encouraging more discrimination and whistleblowing claims for which there is no qualifying period.


Fees for tribunal claims


• What is the new fee structure for bringing tribunal claims?


The chancellor’s speech on October 3 made a commitment to introduce a fee for taking a case to a tribunal that litigants only get back if they win. By mid October there were no official details of how this will work and it seems that a consultation will be launched later in the autumn.


• When will the change take place?


Some media reports have www.businessmag.co.uk Tina Wisener, partner


projected an implementation date of April 2013. However, no date has been confirmed.


• How much will the fees be?


There have been media reports that the fee for issuing a tribunal claim will be £250, with a further fee of £1,000 payable by the claimant when the hearing is listed (higher fees will apply if the claim exceeds £30,000). No source has been given for these figures and we will have to wait for the government’s consultation to see if they are accurate.


• What will be the likely impact of the changes?


There has been some opposition to the proposal, mostly on the basis that fees are likely to deter genuine claims as well as spurious and weak ones. Others have suggested it will merely increase the cost of settling cases, with claimants expecting to get back any fee from their employer.


You can keep up to date with all employment law matters at www. doyleclayton.co.uk or subscribe to our regular employment law updates.


Details: Tina Wisener 0118- 9596839


twisener@doyleclayton.co.uk www.doyleclayton.co.uk


people What’s in store for 2011? Movers and risers...


• Angus Thomas , an award-winning portrait photographer and digital specialist, has been appointed by The Business Magazine as creative developer. Thomas has already redesigned and relaunched the Deals Awards website (www.dealsawards. co.uk) and is now working on The Business Magazine’s other digital offerings. Publisher David Murray said: “Angus has great creative flair and we are delighted that he is boosting our firepower at a time when digital media is an increasingly important part of our mix.” Thomas runs Angus Thomas Photography


(angusthomascorporate. com) and speedlighters.com. He teaches digital and flash photography and already shoots key corporate portraits for The Business Magazine. He is also a shareholder in Elcot Publications, the magazine publishers.


• Penningtons Solicitors LLP has announced the appointment of David Kendall as a partner in its corporate team. Kerndall, who joins from Stevens & Bolton LLP in Guildford, where he was a senior associate, will be based at Penningtons’ Godalming


• People wanting to make the most of their finances during these tough economic times may be interested to know that Chris Sheard has recently joined HW Financial Services as a consultant. Sheard, who is based in the Oxford office, is on hand to offer financial advice to clients in the Buckinghamshire and Oxfordshire areas and will be able to help identify and maximise the financial opportunities available to them. He was previously an independent financial adviser at Harris Cartier solicitors and covers the whole spectrum of industry and commerce and both the public and private


office and work alongside head of corporate, Simon Bickerdike. Kendall specialises in mergers and acquisitions, private equity, MBOs and insolvency-based transactions, as well as corporate governance and shareholder disputes. He has particular expertise in the technology, hospitality, charity and educational sectors. His recent transactions include acting for a German client on the acquisition of a multi-national logistics business from an American listed group, the establishment of a joint venture in Australia for a UK-based technology company and the investment by a venture capital firm in a leading online retailer.


sectors. He provides support and advice to individuals, trustees, attorneys, deputies and companies. Sheard has a BA (Hons) degree in business studies from the University of Central Lancashire, holds a diploma in personal financial planning and is a member of the Personal Finance Society.


THE BUSINESS MAGAZINE – THAMES VALLEY – NOVEMBER 2011


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48