Employment Law Prospects 2012: Workers are going to be stuffed

This is from the newsletter published yesterday by Employment Law Barrister Daniel Barnett:-

"Expected Developments in Employment law" 2012 (my comments in italics)

"31 January
closure date for calls for evidence on the effectiveness of TUPE and the scope of the collective redundancy rules - may result in a formal consultation later in the year (TUPE protection will be brought down to the absolute minimum and you could be made redundant in just 30 days)

1 February
new tribunal award limits come into force (Good but still inadequate)

6 March
consultation closes on fees in tribunals and the EAT (It could cost you around £1750 to go to an employment tribunal - far more if you want to appeal)

April
expected that qualifying period for unfair dismissal will increase to 2 years · various tribunal reforms to take effect, e.g. increase in deposit orders and costs awards (bad)· unpaid parental leave to increase to 4 months · working time rules to be amended to allow holiday to be carried forward in limited circumstances · maternity/paternity/adoption pay increases · SSP increases (you could be sacked for no good reason after 1 year 11 months and you will have no effective legal remedy)

October
pensions auto-enrolment begins for larger employers (Good) · national minimum wage may increase, depending on what the Low Pay Commission recommends in February (wait and see)

Developments with no confirmed date but likely to be progressed in 2012
penalties for employers who breach of employment rights (Good but expect wrist slap)· early compulsory ACAS conciliation of all tribunal claims (possibly good) · amendment of whistleblowing rules so that disclosures about breaches of employment contracts are no longer covered (Bad) · compromise agreements to be simplified (possibly good) · consultation on 'protected conversations' between employers and staff about employment issues without risk of dispute (your employer could bully you out of your job legally without protection)· consultation on rapid resolution scheme as alternative to tribunal for low-value and straightforward disputes (Fixed penalty ticket justice?)

· Acas Disciplinary and Grievance Code to be 'looked at' with a view to a simpler dismissal process (nuf said?)

Do not expect the "law" to protect you at work. Time to join a union for collective protection and the Labour Party to get rid of this Government in 2015.

Anti-trade union legal parasites touting for trade

I find it incredible that supposedly reputable solicitors are cold calling employers that are facing pension strike action next week, claiming that due to trivial balloting irregularities, they could claim damages against unions and that they can then discipline their staff. 

Now I can understand that if solicitors are contacted by their clients for advice they would have to give the appropriate legal guidance. Every employer knows that due to the anti-trade union laws in this country it makes it possible to challenge perfectly legitimate disputes. 

What we have here are solicitors who claim on their web site to be committed to always acting in a “Socially Responsible Manner” touting for fees. Exploiting procedures to try and discipline (and I assume) sack ordinary workers striking to save their pensions.

Apart from the morals or the ethics of trying to get people sacked for exercising their human right to withdraw their labour, you have to question the judgement of such people who think they can make a quick buck out of other people’s misery. When I look at their list of clients I recognise a number of employers who I know will be shocked at what they are trying to do.  I can only hope that they immediately review whether or not such people are fit and proper to advise them and that they take appropriate action. 

This doesn’t let the Labour Party off the hook either. You can argue the pros and cons of whether there is the right balance in legislation over industrial disputes (and you can guess my view) but what is indefensible and simply wrong is that the last government did little or nothing to stop minor and petty procedural issues being raised to stop legitimate action and to potentially sack people.

Faced with such disgusting behaviour motivated only by fat fees and commissions for already rich and highly paid people is it no wonder that so many young people despise our current political system.  They think that the injustice is such that it legitimises carrying out direct action and occupations.