Neil Andrews - Partner, Coles Miller

Hidden Danger Of New ACAS Unfair Dismissal Rules14th May 2014

by Neil Andrews on 14th May 2014

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As a director you probably raised a glass to new rules which force employees to contact ACAS before taking you to an employment tribunal.Neil Andrews - Partner, Coles Miller

In theory, this change is supposed to reduce the number of claims. So far so good, you might think.

But unfortunately there’s a sting in the tail…

Previously, when you dismissed an employee you faced a nervous three-month wait.

During that time the former employee could potentially bring a claim if you had not followed the correct dismissal procedures. And if they missed the deadline, they could not claim.

Now that has changed.

By contacting ACAS, the employee effectively freezes time – giving them up to an extra month in which to prepare their claim.

Every second counts when you’re bringing an unfair dismissal claim, so there’s a better than average chance they might do precisely that.

And then you’re faced with four more weeks of worry while they work on their claim against you.

Which makes it more important than ever to have expert legal firepower on your side.

As we have often pointed out (and will continue to do so), employment tribunals tend to reward those who follow a robust and ACAS compliant workplace policy to the letter – to the detriment of those who do not.

All your paperwork must be in the right order. Get it wrong and you could lose on a technicality.

For expert help to defend your company, contact Coles Miller and ask for our highly experienced employment law solicitors.