Is making it easier for small businesses to hire and fire staff going to help the economy and small businesses generally?
A common complaint by employers is that dismissing disruptive or not very competent staff or someone who does not fit into an organisation which in turn causes disharmony within the office is very difficult. There are lots of hoops to go through and whether you do it all correctly or not you can still be faced with a claim in the employment tribunal with its inherent costs. At the same time it is important that employees are given protection. Finding yourself unemployed (as so many have experienced in the last few years) is devastating to your self esteem, finances and life.
Working for an employer for many years only to be dismissed for no reason can’t be right either. Getting the balance therefore of protecting a business so that it can continue to employ people and generate income while protecting the employee’s rights is hard. It is difficult to see how requiring a fee to be paid when bringing a claim in the employment tribunal would make much difference other than assist the deficit!! Perhaps the tribunal should be much tougher when assessing a case in the early stages with a view to sifting out spurious claims. Maybe it should make more use of the requirement for a claimant to put funds into court where the claims appears weak and maybe tribunals should not allow fundamental changes to a claimant’s case late in the day. What do you think?
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