Proposed Employment Changes Unfair

Proposed Employment Changes Unfair.

 

Interactive Law who run on of the UK’s most popular employment law web sites have condemned the Government’s plans to reform the employment tribunal system.

Chancellor George Osborne announced the major changes at the recent Conservative Party conference in Manchester to increase the qualifying period for unfair dismissal claims from one to two years.

Mr Osborne also proposed to introduce an upfront fee to lodge an employment tribunal claim and a court fee refundable if successful.

Mark Exell, a partner at Interactive Law said “We see cases of unfair dismissal on a daily basis and by increasing the qualifying period many unscrupulous employers will escape justice”.

“If a dismissal is unfair it is unfair. Why an employee should be denied access to justice just because he or she have not been employed long enough seems ludicrous”.

“Whilst this may be welcomed news for employers, who will now be able to dismiss employees for any reason without fear of recrimination, it is yet another blow for the UK workforce”.

 


Horrible Bosses?

Employment Solicitors is running a competition to find the UK’s most horrible boss.

Every week we see some real horror stories of how employees are treated by their bosses and we are on a quest to find the worst boss in the UK.

We would therefore love to hear from you if you have suffered at the hands of a horrible boss.


Employment Law iPhone app first

Interactive Law is proud to announce the launch of three new iPhone applications, Employment Solicitors, Family Solicitors and Accidentcompensation.

Unlike the numerous other legal apps available, these three apps are the first in the UK to provide access to a national panel of solicitors.

The apps, as you would expect, provides a variety of helpful legal information designed to help the individual understand their legal rights but the app really comes into its own when searching for a solicitor. The app uses the iPhone’s built in GPS system to locate the user’s position and displays it on a ‘Google’ style map. The map also shows the location of the nearest specialist solicitor by way of a pin.

As soon as the user ‘taps’ the pin that solicitor’s contact details is displayed which includes address, telephone number, email and web address all of which can be accessed by the iPhone. The apps also allow the user to store the solicitor’s contact details in their address book for future reference.

Interactive Law promise to keep the legal information up to date by way of regular app updates, so users will always benefit from having the very latest legal information.

The best thing about these apps though is the price, they are all available completely free of charge! The apps are also free from annoying advertising as they have been financed by the solicitors appearing on the app.
Interactive Law have been providing free legal information to the British public for over a decade and run a number of the UK’s longest standing legal web sites. The new iPhone applications is a continuation of this tradition.

The links for the apps are as follows:

http://itunes.apple.com/gb/app/the-employment-law-solicitors/id441922613?mt=8

http://itunes.apple.com/gb/app/the-family-law-solicitors/id441923097?mt=8

http://itunes.apple.com/gb/app/the-accident-solicitors/id441920651?mt=8

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Justice for all?

It is sad fact that the UK legal system is not providing justice for all but just for those that can afford it.

Although much has been made of Kenneth Clarke’s radical shakeup to the legal aid system, in our opinion this will make very little difference to the man in the street as so many UK legal practices do not offer legal aid anyway.

Over the past ten years Legal Aid or Public funding has been slowly reduced to a point that firms of solicitors do not offer legal aid as it simply isn’t financially viable for them.

So where does this leave the man or woman in the street?

Sadly we see hundreds of employment and family law enquiries where people clearly have case but are unable to persue it through the UK courts due to lack of funds and the availability of of solicitors who offer legal aid. The UK legal system used to be a shining example of ‘Justice for all’ but sadly I feel those days are slowly coming to an end. My advice to everyone is make sure you have legal expense insurance as you never know when you may need it.


Employment laws prevent job creation

Rules governing pensions, sackings and sickness absence consistently deter the UK’s 3.6m sole traders from employing anyone, according to the British Chambers of Commerce (BCC).

One in three business owners looking to expand are put off taking someone on because of the costs of complying with employment law, a survey by the business group found.

Incoming pensions law – which will force employers to offer staff a pension plan and pay a 3pc minimum contribution by 2015 – was at the top of entrepreneurs’ barriers to hiring, the research revealed.

Half of the 1,000 sole traders surveyed also said a reduced rate of National Insurance Contributions would tempt them to create jobs.

Adam Marshall, BCC policy director, said: “Businesses consistently state that employment regulation prevents them from taking on more staff. If the Government wishes to achieve its goal of increasing employment, it must respond to sole traders’ concerns, and make changes that encourage them to grow when the time is right.”

The findings also showed entrepreneurs were more bullish about recruitment plans within the first six months, suggesting ambition to grow must be “harnessed” early on. But Mr Marshall warned current plans to ease the burden of employment law did not go far enough.

The National Insurance holiday created for start-ups is being used by fewer than 3,000 firms, the BCC said, suggesting it lacks flexibility. The Government’s move to exempt micro-businesses from new law also fails to acknowledge the vast amount of existing rules, Mr Marshall added, which is seen by sole traders as a “major deterrent”.

Source: The Telegraph


Legal aid changes being pursued

 

The government is pressing ahead with plans to cut £290m from the more than £2bn annual legal aid bill, despite lawyers’ and campaigners’ opposition.

Ministers say legal aid will end for most family cases, clinical negligence and employment law in England and Wales, but remain for criminal cases.

Currently anyone with disposable assets of less than £8,000 can qualify for aid but that could be lowered to £1,000.

Critics say the package of measures will be a disaster for the public.

Under the plans, some 600,000 cases of legal aid in England and Wales will no longer be funded if the full package goes through Parliament.

Legal aid will no longer be available in the following areas of civil law:

  • Private family law, such as divorce and custody battles
  • Clinical negligence claims
  • Employment and education law
  • Immigration, other than where someone is detained
  • Some debt, housing and benefit issues

The government says that domestic violence cases will still receive legal aid and it intends to expand the definition to include mental and sexual abuse.

Justic Secretary Ken Clarke told MPs on Tuesday: “Our current system of legal aid too often encourages people to bring their problems before the courts, even when they are not the right place to provide good solutions and sometimes for litigation that people paying out of their own pocket would not have pursued.

 

Legal aid will continue funding:

 

  • Some asylum cases
  • Mental health cases
  • Debt and housing matters where someone’s home is at immediate risk
  • Family law cases involving domestic violence, forced marriage or child abduction

“Legal aid has expanded into areas far beyond its original scope. It is now among the most expensive systems in the world. In the current fiscal climate, this is simply unsustainable.”

But Linda Lee, president of the Law Society, said the proposals would be a “disaster for the public” because they would prevent people turning to the justice system.

“The government has failed to consider alternatives which would make bigger savings without removing civil legal aid from some of the most vulnerable people in society,” she said.

And Stephen Cobb QC, chairman of the Family Law Bar Association, said: “The threats posed by the government’s proposals are real and potentially brutal.”

No-win no-fee

The legislation also includes measures already announced to change the system of no-win no-fee cases.

Justice secretary Ken Clarke said the current legal aid system needed urgent reform

The changes will mean that anyone suing, such as in a clinical negligence case, will have to find a solicitor to take their case on a no-win no-fee basis.

If they win, their solicitor will be entitled to charge a success fee of up to 25% of the damages. At present, that success fee is recoverable from the losing defendant.

The government received more than 5,000 submissions to its consultation on cutting legal aid – many of them from charities and legal groups.

Gillian Guy, of Citizen’s Advice, predicted that those in greatest need would suffer.

“Civil legal aid keeps people in their homes, in their jobs and out of debt. These cuts will leave hundreds of thousands with nowhere to turn for help. Serious cases of family breakdown, unfair dismissal and refusal of benefits will simply get worse.

“At a time of economic uncertainty and big changes in work, welfare and public services, people need advice more than ever. The government has to make sure advice is there for those most in need of help.

“There cannot be justice for all without a workable civil legal aid system.”