2 year unfair dismissal qualifying period only to affect new joiners

On 6 April 2012 the qualifying period for unfair dismissal will increase from one to two years. When the government announced this change in October 2011, it gave no indication how it would affect existing employees who may already have qualified for unfair dismissal rights.

Although BIS has not yet made a formal announcement, Renney & Co understand that, subject to Parliamentary approval, the new two-year qualifying period will only apply to employees whose employment begins on or after 6 April 2012. Those who are already in employment before that date will retain the current one-year qualifying period. Interestingly, the Conservative government adopted the same approach in 1985 when increasing the qualifying period to two years.

The change comprises part of the government's declared initiative to improve business confidence and boost economic growth.

If you need help on any area of employment law, please get in touch with Renney and Co Solicitors in Bath.

What exactly is employment law?

"Employment laws" are what is put into place to protect employees from any mistreatment by their employers and have become a vital part of a country's efforts to protect its citizens.

Most countries have their own version of laws protecting workers, but in general, employment laws address the following concerns:

employees being overworked,

placed in an unhealthy or dangerous environment, or

rendered unable to work without appropriate compensation.

In some countries, employment laws also guarantee that workers can't be unfairly discriminated against plus it allows foreigners a period of time during which they can legally work in the country.

If you would like to discuss how employment law effects you or your business, please get in touch with me.

Employment Tribunal reforms on the way

The government has published its response to the Resolving Workplace Disputes consultation on reforming the employment tribunal system, and has finalised the proposals that will form the basis of legislative and policy change. The changes to be made include promoting and extending the use of workplace mediation; making changes to compromise agreements; increasing the role of Acas to facilitate early conciliation; increasing the maximum amount for cost and deposit orders in the tribunal; removing lay members in unfair dismissal claims; and introducing additional financial penalties for unsuccessful employers.

There will also be a review of the Employment Tribunal Rules. Watch this space for further updates from Renney and Co Solicitors.

“Cashflow – healthy businesses don’t let unpaid bills mount up

Most, if not all businesses will need to pursue an unpaid invoice at sometime. The secret is to act early and not to allow debts to accumulate over a long period of time, as the chances of recovery dwindle as time goes by. Renney & Co’s checklist highlights the advantages and disadvantages of the main options available to a business trying to recover a fairly modest trade debt.

Contact us on 01225 326435 if you have any queries about this.

Five Big Mistakes You Will Make When Employing People

Regency Offices will be holding its first Power Breakfast at Cote Restaurant from 8am on Wednesday October 26th. With 20 other businesses at the breakfast, Renney and Co will be doing a brief talk on an element of employment law.

Selling up?

At Renney & Co our business clients often come to us with employment issues regarding the sale of their business, including questions about whether they can make staff redundant to make the sale a more attractive proposal to potential buyers. Businesses need to be aware of all the legal risks that may arise during a sale. If you are considering selling a business or enterprise, it is important you understand the pitfalls, so we have prepared a helpful checklist which highlights the key issues you will need to consider.

For further information just get in touch.

First prosecution under the Bribery Act 2010

Well, we knew it would just be a question of time before prosecutions under the new Bribery Act would be taken. We were expecting a major arms dealer to be the first culprit, or perhaps some similar major corporation. But no - the first person to be charged under the Bribery Act 2010 is a court clerk who faces allegations of misconduct. Munir Yakub Patel will be prosecuted for "requesting and receiving a bribe intending to improperly perform his functions " and is due to appear before Southwark Crown Court on 14 October 2011.

Renney & Co’s checklist outlines the new offences introduced by the Bribery Act 2010 and the penalties for committing them. It also highlights practical steps that businesses can take to help avoid breaching the legislation.