This is supposed to be a blog about legal matters but it is
becoming increasingly political. I suppose that is unavoidable. Politicians make
laws. Sometimes they make bad laws and when they do they should be scrutinised
and criticised.
Over recent months we have seen the decimation of legal aid and
relentless attacks on victims of accidents or medical negligence.
But all of this could be overshadowed by plans to ‘reform’
employment law, or rather abolish employment protection all together. Now,
historically Conservative governments have always restricted employment rights.
But none have come close to some of the stuff being proposed by the coalition.
Adrian Beecroft is a known supporter of the Conservative
Party and a significant contributor to its funds. He has prepared a report with
a number of recommendations including a chilling proposal for no fault
dismissal. That means exactly what it says – that employers will have the right
to sack workers for no reason and with no sanction. They will just have to
decide that the person is under-performing.
Now to be fair the business secretary Vince Cable has called
the proposals bonkers and it was being reported earlier today that the plans might be quietly
shelved –
He was expected to answer questions in Parliament on the
report today but was replaced by junior minister Mark Prisk, a Conservative MP.
Mr Prisk said that most of the plans
were in place and the rest were the subject of consultation until June. Is it just me or does that sound a bit scary –
Recent experience has shown that once this government gets
an idea into its head, it carries on regardless of criticism. This is worse than
bonkers. This proposal will take us back to the days when wealthy bosses sacked
their workers on a whim regardless of merit or hardship.
The reason given is that it will encourage businesses to
employ more staff if they can sack them at will. But what about the problem of motivating
a workforce who know that they can be chopped whenever and for whatever reason.
If these plans ever see the light of day there will be a
deluge of litigation. If the politicians successfully block any right of unfair
dismissal they will not be able to ban discrimination cases. In fact this will
be the route most will have to take. If someone is simply sacked, there is going
to some arguable discrimination in there! The awards of damages in discrimination
cases far outweigh those for dismissal.
Let’s hope that, for once, the government does simply get away
with railroading this into law.
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