Government Encourages The Sacking Of Workers By Making It Easier And Cheaper!

From today the 29th July 2013, employers now have a charter to hire & fire at will, sexually harass workers, victimise individual workers, discriminate against disabled, women, discriminate on grounds of sexual orientation, religion or political opinions: not to mention sick leave: all with impunity!

Union safety reps will now continue to be victimised, as they are still within the construction industry, with all employers now seeing the possibility of sacking safety reps with impunity.

Worse still, new employment rules now allow from today, employers to make 'offers' for an employee to leave, without going through any disciplinary or performance procedures. Employees will not be able refer to these ‘protected conversations’ in any subsequent unfair dismissal claim.

With health and safety being seen by many employers as a pain in the neck and unnecessary and the media continueing to belittle worker’s health and safety protection both in news programmes and advertising, not to mention any opportunity within sitcoms and soaps; today’s employment law changes, put workers raising health and safety issues; at risk of dismissal without resort to proper processes.

Of course if they work for major blue chip companies such as British Telecom and Royal Mail, both of which have good working relations with their unions regarding health and safety issues, and a large network of Union Safety Reps with whom they formulate policies and campaigns, they are unlikely to suffer such consequences.

One of the worst and most Dickensian of changes this Tory-led coalition government has made today concerns costs of taking an employer to an employment tribunal.

Workers will now have to pay fees for all employment tribunal claims such as unfair dismissal, discrimination or non-payment of the minimum wage, refusal of maternity rights, sexual harassment and victimisation.

But how many workers can afford the upfront Employment Tribunal fee of £1200 just to register their case? For that is the cost workers now face in the event of any of the above issues affecting them.

Unscrupulous employers, of which there are many together with those employers already acting in this way, mostly within small businesses: can now completely by-pass existing disciplinary or capability procedures. They can identify who they want to dismiss and make the worker an offer to leave quietly. While the worker would not have to accept, they may feel they have no choice.

Further, good employers with severe pressures will be tempted to act in this way, knowing now they will get away with it.

In the last ten days the government has confirmed that workers will be at greater threat of dismissal through 'protected conversations', and that compensation in successful unfair dismissal cases will be greatly reduced, as they have capped the amount than can be awarded in all cases.

Currently tribunals have discretion to award compensation of up to £74,200. Under the new rules the maximum award will be the lower of either 52 weeks' pay or £74,200. Someone earning £25,000, for example, would have their potential compensation cut by two thirds.

This is the first time since the relevant employment legislation was formulated in the 1960s that claimants have been asked to pay anything to employment tribunals, in order to defend themselves against immoral and unscrupulous employers.

The issue of equality in the workplace has now become dead and buried in a situation where the only recourse will be an employment tribunal, which the majority of those suffering at the hands of their unscrupulous employers; unable to afford to take the employer to an employment tribunal.

Commentators will once again be saying that this is all part of the long-term plan of the Tories to make the UK adopt the culture within the USA, as they weaken all laws protecting workers, and give the employer a blank cheque to hire and fire at will and ignore what laws protecting workers that are left.

The Trade Union Prospect, issued a press release prior to these changes coming into affect quoting their legal officer Marion Scovell:

"Prospect is appalled at the law seeking to legitimise such bad practice by giving employers additional scope to dismiss workers without proper reason. Union members will be able to seek expert advice to resist such unfairness. More than ever workers need unions to support them at work and to help them enforce their rights.”

She concluded by saying:

"This onslaught on rights makes 29 July a very sad day for workers; it re-emphasises the value of unions to ensure there is someone on your side to fight for fairness at work."

The Guardian newspaper today reports that:

‘Lawyers are predicting widespread chaos as charges are introduced for those pursuing sexual harassment or race discrimination complaints. Trade unions say the move – which ministers claim will save money for businesses and taxpayers – is the latest attack on workers' fundamental rights.’

It also quotes Len McCluskey, leader of the Unite union:

"Seeking redress for unfair dismissal and discrimination and other injustices in the workplace is a fundamental human right – but now ministers are putting up insurmountable financial hurdles for working people in pursuit of justice," he said.

"We estimate that this will affect 150,000 workers a year. This is not an aid to economic recovery but a means to keep working people frightened and insecure."

Unite said it would pay legal fees for its members:

"Unite will not stand idly by and let its members suffer such treatment – and the union will financially support members at employment tribunals. We will be campaigning strongly for this pernicious legislation to be repealed with the advent of a Labour government.", he concluded.

In the same article, The Guardian quotes Elizabeth George, a barrister in the employment team at law firm Leigh Day as saying “the fees would hit some of the most vulnerable people in the workplace, including new mothers returning to work after maternity leave.”

The article continues:

"This sends a very dangerous message to employers who will be less inclined to abide by their legal obligations as the risk of being challenged will be much reduced," she said.

"These fees will disproportionately hit those suffering discrimination because of their age, race, disability and gender, with women returning from maternity leave particularly hard hit as they'll be judged on their salary when they left rather than their statutory maternity pay."

She said the introduction of "substantial and often disproportionate fees" would mean many people having to put up with discrimination and unable to challenge unfair dismissals, however badly they had been treated.

"We have already seen guidance from lawyers advising employers to wait to fire people as it will be cheaper and the chances of being taken to tribunal will be less following the introduction of fees. Instead of standing up for people suffering unlawful discrimination in the workplace, the government is doing the exact opposite by potentially penalising those who get pregnant, those who are disabled, those who fall ill and those who grow old.”

The TUC has slammed the new laws that will force employees to pay upfront fees if they want to pursue a sexual harassment or race discrimination complaint against their employer.

TUC General Secretary Frances O'Grady said:

“Today is a great day for Britain's worst bosses. By charging up-front fees for harassment and abuse claims the government is making it easier for employers to get away with the most appalling behaviour.

These reforms are part of a wider campaign to get rid of workers' basic rights at work. Its only achievement will be to price vulnerable people out of justice.”

The TUC believes these reforms will deter victims from coming forward and force them to suffer in silence, which of course many believe is the whole point of these changes, as the Government consider all employee protection including health and safety at work protection as being mere Red Tape and a burden to business!

The TUC says the measures are part of a wider campaign by the government to reduce people's basic rights at work and stop bad bosses from being held to account.

The government has already raised the qualifying period for an employee to take an unfair dismissal claim to two years. This means that nearly three million employees can be sacked on a whim if they have been employed for less than two years.

While the government's plans for tribunal fees include a 'remission scheme' which will make some of the lowest paid exempt from the proposed costs, the TUC believes that a substantial proportion of workers who are on the minimum wage will still be required to pay fees to take a case to an employment tribunal.

This is because the test for the ability to pay will be based on household income rather than an individual's earnings. This assumes that all household income is shared equally between a couple. The TUC does not agree that a woman's capacity to enforce her individual rights should depend on her partner's income.

You can download the factsheet issued by the Justice Department regarding new rules and fees from the E-library Database or direct here

Also from the E-library Database, using search category 'legal advice', you can download two further documents on the new 'settlement agreements' also mentioned in the above article.

Source: Unionsafety / TUC / Unite / Prospect / The Guardian / North Western University / Daily Mirror