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King's Speech-worker's rights..

206 replies

CurlewKate · 16/07/2024 18:09

Apparently, the government is proposing legislation that will make protection from unfair dismissal a day one right- not as it currently is and kicking in after 2 years. Huge if true.....

OP posts:
Ozgirl75 · 18/07/2024 23:05

NameChange101113 · 18/07/2024 17:26

I don’t believe there are many claims made in bad faith at all. The vast majority truly believe that have been wronged in one way or another.

Claimants should be able to pursue a claim without being scared away by costs warning letters. That is a very common tactic used by respondents to scare claimants into dropping their claims.

Most claimants won’t know how rare it is to have to pay the other side’s costs. They end up dropping their claims due to this fear and the worries of the respondents just simply vanish.

Let’s not forget that many claimants represent themselves and the employment tribunal is set up to allow people to represent themselves.

Cost warning letters are a cruel procedure, mostly used because the respondent views the claim as a burden.

You’re right in that the majority think they have a valid claim - but often they have had no legal advice and don’t realise that in fact they don’t have a claim at all.

It would be better really to bring these claims under normal litigation rules and have fewer litigants in person. Then the claims with minimal prospect of success could be weeded out much earlier. In the current system there is no incentive for the claimant to consider the legal merits of their claim.

GiftOrNoGift · 18/07/2024 23:07

Ozgirl75 · 18/07/2024 23:05

You’re right in that the majority think they have a valid claim - but often they have had no legal advice and don’t realise that in fact they don’t have a claim at all.

It would be better really to bring these claims under normal litigation rules and have fewer litigants in person. Then the claims with minimal prospect of success could be weeded out much earlier. In the current system there is no incentive for the claimant to consider the legal merits of their claim.

I think this will have to happen. It will be carnage otherwise.

Ozgirl75 · 19/07/2024 01:09

I think in the past, having a specific employment tribunal was great because they have expertise but claims are getting more complex, especially with disability discrimination. Plus awards are getting bigger. This shouldn’t be dealt with without legal representation, or with one side having lawyers and the other not, and no costs penalties of refusing to consider the legal merits of the claim.

In the end I think it would probably be cheaper to have a group of government funded lawyers who claimants could get initial advice from, to decide whether they have a good claim. Then if they do, they could instruct normal solicitors to deal with it on a no win no fee basis.

Either that, or like in normal litigation, if you’re claiming over a certain amount, it comes out of ET and goes into normal litigation stream.

quickoffthemark · 19/07/2024 16:07

DinnaeFashYersel · 18/07/2024 11:56

Its intriguing how many employees are not supportive of better rights for employees.

Because i don’t think exclusively abuot ME and squarely ME

I also consider what is good for the labour market (and that includes employers) and the economy and entrepreneurship

Ozgirl75 · 20/07/2024 00:16

quickoffthemark · 19/07/2024 16:07

Because i don’t think exclusively abuot ME and squarely ME

I also consider what is good for the labour market (and that includes employers) and the economy and entrepreneurship

Agree. I think many employees can see nuance and understand economics as a whole!

EasternStandard · 20/07/2024 07:21

quickoffthemark · 19/07/2024 16:07

Because i don’t think exclusively abuot ME and squarely ME

I also consider what is good for the labour market (and that includes employers) and the economy and entrepreneurship

That benefits the employee too I agree. Ds will graduate at some point and he may well need employers who are not too risk averse under a new law to give young people their first chance.

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