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Improved rights for employees under Labour Relations Act
Page 25
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NEW regulations governing the procedure of industrial tribunals come into force on September 16, replacing those made under the Industrial Relations Act 1971. The new regulations come into effect on the same day that the Trade Union and Labour Relations Act becomes fully operative, thus coinciding with the improved employees' rights under the Act.
The main improvements in the provisions which will apply to employees whose dismissal takes effect on or after September 16 are: (a) Dismissed employees will have three months from their effective date of termination in which to make a complaint of unfair dismissal, instead of four weeks. In addition, tribunals will have discretion to extend this time limit where they consider that it was not reasonably practicable for the complaint to have been presented sooner.
(b) They need only have completed 52 weeks continuous service to qualify to make a complaint instead of 104 weeks. This qualifying period will be further reduced to 26 weeks on March 16. 1975 -six months after the Act comes into force.
(c) They will be able to complain of unfair dis missal even if they resigned, rather than being dismissed, whether they gave, the employer notice or simply walked out. But they will have to show that their employer's conduct was such as to entitle them to leave or resign without giving notice (ie "forced resignation").
(d) The new provisions make it clear that a tribunal can recommend reinstatement of a dismissed employee if they think it practicable and equitable to do so.
(e) The upper limit for the amount of compensation which tribunals can award has been raised from £40 a week for 104 weeks, or £4,160, to £50 a week for 104 weeks, or £5,200. But where an employee was earning less than £50 a week before his dismissal the upper limit will be the equivalent of 104 weeks' pay.
Employees whose jobs come to an end before September 16 will be subject to the unfair dismissal provisions and procedural regulations of the Industrial Relations Act 1971: employees whose jobs end on or after September 16 will be covered by the new procedural regulations and the provisions of the Trade Union and Labour Relations Act 1974.