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On 6 April 2012, a number of significant changes to employment law come into force . Some of these include: extending the qualifying period for unfair dismissal claims, employment Judges to hear unfair dismissal claims alone, witness statements usually to be taken as read in ET’s, and parties may have to bear witnesses’ expenses.
For those employed after 5 April 2012, the qualifying period of continuous employment is extended to two years before the right not to be unfairly dismissed, and the right to request a written statement of reasons for dismissal, is acquired. The TUC warns the changes will lead to a ‘hire-and-fire culture’ and may affect 2.7 million people, especially the young, women and ethnic minorities. The Department for Business, Innovation and Skills maintain that anti-discrimination rules remain untouched so employees remain protected; they claim the changes will boost jobs and promote growth. The real effect of the changes will be determined by employment tribunal statistics, and as such, remains to be seen.
One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
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Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
A landlord’s claim for summary judgment to recover rent and service charge arrears accrued since the start of the pandemic against a non-essential retailer succeeded. Like London buses, a second such case has followed hot on its heels.
Whilst this decision may not be surprising, it will undoubtedly send a chill down the spine of retailers in a similar position to The Fragrance Shop.
Senior Associate
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