No fault dismissal plans face growing opposition
Challenges to the proposal come from Cable, Heseltine, and potentially the courts.
By Samira Shackle Published 24 November 2011 10:15
What will kickstart growth in the British economy? Well, apparently making it easier to sack people, if the government's policy moves are anything to go by. But plans to allow no fault dismissal for small companies appears to be a step too far, causing considerable discomfort both within the coalition and amongst the public.
Now, the Business Secretary Vince Cable has said he will work with Lord Heseltine, the Conservative former deputy prime minister, to block the bill.
The plans, proposed in a report by venture capitalist Adam Beecroft, would make it easier for firms to sack people without explanation, on the basis that this will encourage them to hire more people. While the Liberal Democrats are reportedly completely opposed to the idea, under strong pressure from Downing Street, Cable was forced to agree to a consultation on introducing the rule for small companies (of ten people or fewer).
While limiting the measure to micro-companies waters down Beecroft's original proposal, the logic is still flawed -- as self-made millionaire Heseltine argued on the Politics Show on Sunday:
When you start talking about enabling people to sack people, well, I have two observations. The first is this, the sort of companies that I understand don't sit there saying, "by golly, we've got to be able to get rid of people, so therefore we mustn't invest because the risks are too high". If you're really an enterprising business, you invest because you think it's going to be a success. You may have to readjust but you can do that, as quite obviously is happening right through industry as significant numbers of people are being laid off.
This intervention from Heseltine, a Tory party grandee who is currently advising Cameron and Nick Clegg on growth, adds weight to the argument and prevents it from being another Lib Dem/Tory spat -- as Cable has clearly noted. At the launch of the reform to employment law, the Business Secretary said:
There were some very helpful comments from Lord Heseltine, one of my very distinguished conservative predecessors, you know warning about the dangers of creating a fear of dismissal and I'm very responsive to the advice I get from him.
Meanwhile, the Times (£) reports today that yet another challenge to the bill could come through the courts. According to senior lawyers, women are more likely to work for small companies, so there is a case that this would amount to indirect gender discrimination.
While it is clear that this bill will not have an easy passage, it is worth remembering that although this is one of the most extreme, it is not the only move against workers' rights. A series of deregulatory measures are not being consulted on, as they have already been accepted by government. These include increasing the qualifying period for unfair dismissals from one year of employment to two, and requiring those who take their employer to industrial tribunals to pay an initial deposit of £250, and a further £1,000 is a hearing is granted.
It is difficult to see how, in this unstable economic climate, further eroding job security will have any beneficial effect.
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10 comments
@south pacific - at least when the election comes it's sudden death, it really focuses the mind of every politician the problem with western democracy is that it leads to electoral bribery where politicians of all parties try to buy the electorate rather than follow responsible economics like running a budget surplus when the economy is growing at trend - you will find every excuse in the text book for not balancing the budget over the economic cycle - that is why we need an independent body to confirm the trend rate and follow a similar principle to the bank of england with inflation when it is over target he needs to write a letter why it is over each month the same principle should be applied with the budget surpluses when we grow at trend and they should predict when we should run the surplus.
In Britain can you sack politicians at will of they are incompetent or do you have to wait for election time?
I am amazed that the masses put up with such proposals for sacking staff in small companies.
I guess the master slave system is being brought back in your country.
Your masters have experience in that even though it is a bit dated.
Yes, these plans are a joke especially in the current economic climate.
Nobody is against companies sacking people if they deserve it, but to throw a hefty dose of job insecurity into the current economic mix is just plane daft.
Same old tories.Compassionate conservatism? Don't think so and we should not be surprised by their attempts to pass a law like this.
It is astonishing, and yet somehow not, that in 13 years, New Labour never legislated for John Smith's signature policy, namely that employment rights should begin on day one of employment and apply regardless of the number of hours worked. Ed Miliband should signal once and for all that, unlike his brother, he intends to give us the government that we would have had in those 13 years if Smith had lived, by legislating to create that fitting monument to the Great Man. Places like that consistently out-perform us. Have you ever been to Germany? We have had 30 years of the other way of doing things. Look where it has ended up.
Now that the Government has put on the agenda the deprivation of employment rights for which Tony Blair and David Miliband have always longed, Ed Miliband should renew John Smith's promise, and make his own to build on the statutory right of every worker to join a trade union and to have that trade union recognised for collective bargaining purposes, by giving every trade unionist so recognised the statutory right to take industrial action in pursuit of a legitimate grievance, including strike action, and including solidarity action of a clearly secondary character (such as a work to rule in support of a strike) within a single industry or corporation.
One only has to look at the number of companies that have a Human Resource Dept instead of Personnel to understand what most employers think of their staff. Cattle...
There are already probationary periods of employment, trail runs , short term contracts etc. The use of temp workers that last years.
What more do we need. ?
The coalition continue to shock. The fact is that it isn't that hard to get rid of underperforming staff at present. you just have to know the law and follow procedure. Most employers that get caught out at present only really have themselves to blame. The law is not heavily biased in favour of the employee at the moment despite what the Daily Mail says.
The notion that scrapping unfair dismissal rights for some workers will boost economic activity is a piece of nonsense.
Can't wait for the Lib Dems to suffer the consequences of their complicity in this appalling government.
The great Tory contradiction is how to produce a 'property owning democracy' without relatively secure long term jobs.
Who is going to take out a mortgage or start a family if they can be sacked at the drop of a (Top) hat.
Good point ISC. Ranks alongside the trickle down theory.
the main issues are that the nature of the global economy is changing, india is moving into higher and higher value added design and business services whilst china is moving up the tech value chain, these countries will be more technologically advanced than the UK because they have grasped future markets and want to dominate them in a way that the UK will only dream.
in this internet age most companies want to try out an idea, test a market deliver proof on concept projects - these are increasingly being initiated abroad as the skills in foreign countries are becoming deeper and more broad rather than grapple with someone short term this is a much simpler solution for companies with challenges of the market.
these proposals are a minor re-balance and if anything will be quite timid, the bright side is that flexible labour markets increase employment.