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From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
The Employment Appeal Tribunal (EAT) in Debique v Ministry of Defence has held that where a Claimant successfully shows discrimination or unfair dismissal, they will however not receive an award for loss of earnings should they not have accepted a reasonable offer of re-engagement. Ms Debique was in the British Army and encountered various childcare difficulties in her posting. She resigned and claimed discrimination and constructive dismissal.
At long last the Government seems to have recognised the folly of continuing to major on the approach that it is “red tape” which is preventing employers from deciding to take on more employees. The problem with this approach is that the more the Government repeat this mantra, the more employers will come to believe it, and will start to question whether they are indeed at heightened risk if they do decide to expand their workforce. It becomes a self-fulfilling prophecy.
The Government has published its draft legislation for increasing the amount of time that an employee will have to have been continuously employee before bringing an unfair dismissal claim to two years. The draft Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 was published late last week.
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