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Government seeks views on dismissal rules 21/03/2012 A Call for Evidence has been published in terms of which the current dismissal process is to be examined.

Government seeks views on dismissal rules

A Call for Evidence has been published in terms of which the current dismissal process is to be examined.

The views of employers, employees and other interested parties are sought on the following questions:

  • are current dismissal procedures too onerous or too complex?
  • is there a lack of understanding in their application?
  • should compensated no-fault dismissal for micro-businesses with fewer than 10 employees be introduced?
Views are also requested on the idea of compensated no-fault dismissal for micro-businesses with fewer than 10 employees. Under such a system, a business would be able to dismiss a worker from a micro-business, where no fault had been identified on the part of the employee, with the payment of a set amount of compensation.

“We are already implementing a radical package of reforms to the employment tribunal system and increasing the qualifying period for unfair dismissal from one to two years,” said Business Secretary Vince Cable.

“But we also recognise that not all jobs work out for both parties – the staff member doesn’t quite fit or simply the relationship has irretrievably broken down. And for micros in particular, who often don’t have legal or HR teams, the process to let a staff member go can be a daunting and complicated process," he said. "We want to give businesses the confidence to hire new staff and make sure when a dismissal needs to be made, they aren’t tied up in red tape. This is an effort to see how extensive the problem is and shed some light on the desire for a change to the rules.”

In addition the Government is seeking to establish a strong evidence base on the current understanding of the dismissal process, including awareness, understanding and use of the Acas Code of Practice on Discipline and Grievance.

Views are sought by 8th June 2012.

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