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To kill a bird that mocks us all?

It's all change again in 'Employment World' as Chancellor George Osborne changes the one-year qualifying period for unfair dismissal back to two. Given many claimants dream of a pot of gold at the end of the rainbow, we ask is George mistakingly slaughtering a golden goose that feeds us all? Or are we seeing the end to nonsense employment claims?

In 1999, the qualifying period changed 'down' from two years to one, so what's the thinking behind the change now? 

According to the Chancellor, the change will;
  • Act as a massive deterrent for vexatious individuals;
  • Reduce the strain on the Tribunal system and;
  • Make it easier for businesses to grow.

Of even greater impact, possibly, is the government also intends to introduce fees for bringing employment tribunal claims. £250 to start a claim. A further thousand when applying for a start date. Bigger the claim, higher the fees. Trade unions are up-in-arms, of course, but at talklegal we shout "Hurrah!"

Why? 

Because we pray, that it marks a more responsible approach from the legal sector. 'No Win, No Fee' solicitors have done for law firms what Charity shops have done for the High Street. 'No Win, No Fee' law firms do not show the noble profession at its best. Ambulance-chasing TV ads from solicitors. Adverts on hospital walls. Lawyers giving out business cards to people the moment they are arrested at street protests. Atticus Finch, they are not. 

Vexatious claimants behave without morals because 'free advice' is available. When a legal advisor fails to say "Your claim is a waste of time. Get out!", they are as culpable as the claimant. This is not 'real' justice, more of a casino – did you know some large companies allocate a certain sum to settle, just to get rid of the hassle. Justice? No. Asinine? Yes.

So, hurrah to the Chancellor. Hurrah to putting more of the onus on the claimant - bad management practice should always have a consequence. But true justice should also prevail. As Atticus said; "Courage is not a man with a gun in his hand. It's knowing you're licked before you begin but you begin anyway and you see it through no matter what. You rarely win, but sometimes you do." 

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