Employment Simplification Bill

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Topic started by Martin T (mart2929)

I'm a food-loving, slim, walking, event-organising, low-tax-campaigning, pragmatically academic, internationally working, property investing, troubleshooting coffee-addict seeking friends and contacts. If you have suffered tax injustice that the system cannot solve, I'd like to hear from you.

A topic from Work & Money: Employment

mart2929Wed 19/09/07 22:06

You can tell I've just been on a technical update... Rant in progress!

After one year of implementation, the standardised grievance and dismissal procedures are about to disappear!

The government seems keen to return to the Gibbons review. Employment lawyers return to a funny world of déjà vu and stare with blank disbelief at their latest tome (about 7cm thick) of Butterworth's Employment Law Handbook. If Finance Acts and the Companies Act 2006 are a guide, "simplification" means exactly the opposite.

The current proposals are old news ( sic ) and many of them are obsolete suggestions, because i) the legal infrastructure already exists; and ii) no-body chooses to use them.

The principal reason seems to be that there is no point in using them. The law does not recognise that claimants can abuse the process, or that claimants can raise vexatious and frivolous claims. So the claimant may as well just claim, rather than go the effort of being pragmatic (i.e. via mediation).

As with the previous review, Parliament will probably run away from punishing vexatious and frivolous claimants. This is shame, because such "spike" would be useful in all areas of law.

One of the major fears that a parliamentarian might have is the inconsistency of tribunal decisions. A tribunal panel comprises a chairman (often qualified in law), a lay "employee" and a lay "employer". The diverse judgements from all tribunals leaves a lot to be desired: some know that employees take the piss and dismiss claims quite quickly; others think that the employee is always a victim and must be allowed to prevaricate and procrastinate, irrespective of the economic opportunity cost of the employer's time/resources.

What are your views on the Employment Simplification Bill?

Are you an employer whose business nearly went bust because your business had to waste time on a frivolous employment claim?

Are you an employee who fell foul of the pedantic rules of the standardised procedure?

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