People May Claim Discrimination to Avoid New Unfair Dismissal Laws

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Searching for Compensation Claim Loopholes [5th Apr 2012]

With new unfair dismissal rules being introduced this week, it is expected that the numbers of discrimination cases will rise. The new rules state that workers will have to be employed for two years before they can claim unfair dismissal, but this time limit does not apply to cases of discrimination - which may become the fall-back for those wanting compensation for being sacked unfairly. It is also possible the unions may object to the new rules because it unfairly affects young people and women who are more unlikely to have two years of continuous service. The solicitor firm Russell Jones and Walker has commented that employers may be able to lay-off staff with less than two years service rather than having to go through proper redundancy procedures - leaving the employee with nothing even if they have done nothing wrong. It has also been pointed out that discrimination cases are harder to defend and are often more costly.

A failed asylum seeker has attempted to gain £750 million in compensation from the government because he was unable to have sex while he was in prison awaiting extradition when he completed his sentence. Rayden Simon Kullem claimed that this ban was a breach of his human rights and due to an administration error he actually won his case when it was not opposed in court by government solicitors. This ruling was quickly overturned in a court hearing when a judge found the case to be 'preposterous'. The government has said that it did not receive notice of the claim and as such, it was awarded to him in default. However the government noticed the award after it was issued and went back to the courts. It was at this stage that the judge pointed out that the original judgement was made in error and that he would put it aside. He also described the claim as far fetched and that even if he tried again it will be a failure. Kullem believes that mixed prisons should be provided for married couples.

Fishermen who lost their jobs due to the 'cod wars' in the 1970's have finally been awarded compensation and an apology. The so-called war took place when Iceland declared that it had control over a 200 mile stretch of fishing areas and the UK disagreed. Eventually an agreement was made but this meant that fewer UK boats could fish the waters. It was later discovered that former skippers were given the wrong information about what the scheme would offer them. Those who qualify will receive £1,000 each. Others who have already received £20,000 will not be eligible to receive this new payment.

Hundreds of homeowners across the north of the UK could be able to claim compensation after they have been without power for significant periods. Northern Powergrid has stated that they have 1700 customers who lost power due to high gales and snowy conditions which brought down power lines this week. The company has said that they have engineers and helicopters trying to find where lines have come down and that power will be restored as soon as possible. Those customers who qualify for compensation will be contacted. Customers have been complaining that they cannot get through to their power supplier to find out what is happening and that there is no system to give advice to those without power. In Derbyshire 50,000 homes were affected and in North Yorkshire 12,000 homes were without power.

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