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The government is actively considering increasing the qualifying period for bringing an unfair dismissal back up from one year to two years service although the timetable for a decision has not yet been announced.
The likely rationale for such a change would appear to be to increase flexibilty in the workforce for employers and, as a result, to encourage employment opportunities. If the change occurs, it is moderately good news for employers offering an extra year in which, for example, they could dismiss for poor performance, minor misconduct or redundancy without the requirement of procedural or substantive fairness – but there may be increased allegations of discrimination (or other claims where no qualifying period is required, such as whistleblowing) by those who would otherwise have lost the right to claim unfair dismissal.
As the use of social media continues to increase, its overlap with working life is becoming more and more prevalent.
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In his 2018 Autumn Budget, the then Chancellor, Phillip Hammond, announced a significant change to the way liability for IR35 breaches will be dealt with for private sector companies from April 2020.
Under the ET Rules, all judgments and accompanying written reasons must be published on a pubic register which the general public can access online.
The Supreme Court in Tillman v Egon Zehnder Ltd has determined that where post-termination restrictive covenants (i.e. “non-compete” clauses) in employment contracts go further than reasonably necessary to protect an employer’s business interests, it can apply the ‘blue pencil test,’ severing the offending words and leaving the remaining enforceable clause in place.
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