This month brings with it some important employment law changes.
Political belief dismissals
From 25 June an employee who is dismissed because of their political opinions or affiliation will no longer need two years' continuous service to bring an unfair dismissal claim.
Whistleblowing
Dismissals stemming from a protected disclosure (otherwise known as whistleblowing) sidestep two important employment law requirements:
1. The two-year qualifying period for unfair dismissal; and
2. The cap on compensation.
From 25 June, workers will only be protected by the whistleblowing laws if they "reasonably believe" that the disclosures they make are in the public interest. (Note that the disclosure doesn't have to be in the public interest; the worker just has to believe that it is.) While "public interest" hasn't yet been defined, it seems safe to say that it will be something that affects more than just one person. So a worker who tries to argue that a disclosure they made about their own employment contract, for example, will probably not be protected.
What about the intention behind the disclosure? Workers who make a disclosure out of spite, rather than to right a wrong, will from 25 June also be given whistleblowing protection. But their compensation could be reduced by up to 25% if the tribunal thinks that the disclosure was made in bad faith.
Political belief dismissals
From 25 June an employee who is dismissed because of their political opinions or affiliation will no longer need two years' continuous service to bring an unfair dismissal claim.
Whistleblowing
Dismissals stemming from a protected disclosure (otherwise known as whistleblowing) sidestep two important employment law requirements:
1. The two-year qualifying period for unfair dismissal; and
2. The cap on compensation.
From 25 June, workers will only be protected by the whistleblowing laws if they "reasonably believe" that the disclosures they make are in the public interest. (Note that the disclosure doesn't have to be in the public interest; the worker just has to believe that it is.) While "public interest" hasn't yet been defined, it seems safe to say that it will be something that affects more than just one person. So a worker who tries to argue that a disclosure they made about their own employment contract, for example, will probably not be protected.
What about the intention behind the disclosure? Workers who make a disclosure out of spite, rather than to right a wrong, will from 25 June also be given whistleblowing protection. But their compensation could be reduced by up to 25% if the tribunal thinks that the disclosure was made in bad faith.
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