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Women and young workers to suffer in tribunal changes

10:29, 06 October 2011

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by business editor Trevor Sturgess

Women and younger workers could suffer under plans to cut the number of employment tribunal claims, an expert has warned.

The Government is to extend the qualifying period for unfair dismissal claims from one year to two to cut "vexatious" claims and ease the "burden" on business. It is also introducing a fee that is only refundable to the winner.

Andrew Masters, partner and head of employment at law firm Furley Page, with offices in Canterbury, Chatham and Whitstable, said the measures were expected to reduce unfair dismissal claims by around 2,000 a year. Last year, 47,900 unfair dismissal claims were accepted by the Employment Tribunal Service.

But he warned that women would feel the impact more than men because on a percentage basis they were less likely to have two years' service.

"What about claimants with other protected characteristics? An example is younger employees who on a statistical analysis are much less likely to meet the two years qualifying service."

He added: "Time will tell whether the change in the law will, as the Government hopes, reduce tribunal claims and increase business confidence to take on more workers.

"Alternatively, it could prove to have limited impact leading to legal challenge on the basis that it indirectly discriminates against some protected groups. It may also lead to more employees bringing discrimination claims where a qualifying period of service is not necessary."

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