Qualifying Period for Unfair Dismissal

An update on proposed changes to employment law.

The latest news from the Department for Business, Innovation and Skills (BIS) will still the fluttering of some hearts. BIS has finally confirmed that the increase in the qualifying period for unfair dismissal claims to two years will only apply to those starting a new job on or after 6 April 2012. Employees whose employment started before 6 April will therefore remain subject to the one-year qualifying period. It follows that someone with 18 months’ continuous employment on 6 April will not lose their right to claim unfair dismissal, and an employee with 11 months’ service on that date will still only have to wait one month before being able to bring a claim.

It is expected that the regulations extending the qualifying period for claiming unfair dismissal will be published shortly and will have to be approved by Parliament.

Other changes to procedure in Employment Tribunals that can be brought into effect without the requirement of an Act of Parliament – witness statements being taken as read, the removal of witness expenses, judges sitting alone in unfair dismissal cases and changes to limits for cost awards and deposit orders – are also expected to come into force on 6 April 2012. Measures requiring primary legislation will have to take their place in the queue and will be implemented when parliamentary time allows.

For a free initial consultation on any aspect of employment law contact us by phone or email.

Lee Dawkins

Lee Dawkins

Over the past 30 years Lee has overseen the expansion of the firm’s litigation department. He developed our personal injury and clinical negligence teams, creating various niche areas that now enjoy a national profile. He pioneered contentious probate, setting up one of the UK's leading inheritance dispute teams and established Slee Blackwell as a force within claimant professional negligence. He now works as the firm's marketing partner.
Lee Dawkins

Lee Dawkins

Over the past 30 years Lee has overseen the expansion of the firm’s litigation department. He developed our personal injury and clinical negligence teams, creating various niche areas that now enjoy a national profile. He pioneered contentious probate, setting up one of the UK's leading inheritance dispute teams and established Slee Blackwell as a force within claimant professional negligence. He now works as the firm's marketing partner.

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