16 February 2012: Qualifying Period for Unfair Dismissal Claims

As you know the government have proposed to increase the qualifying length of employment required to claim unfair dismissal from one year to two years from the 6th April 2012.

Does that mean that for an employee with (say) 1 year 3 months employment, you can wait to the 6th April and then safely dismiss? No says the government.

The draft regulations to implement the change state that employees whose period of continuous employment began on or before 5th April 2012 will still be subject to the one year qualifying period. It’s only those employees taken on after the 5th April 2012 who will have to wait for two years to get statutory protection from unfair dismissal.

Beware! In any case there are still a number of claims that can be brought from day one of employment including unlawful discrimination, dismissal for the assertion of a statutory right, dismissal as a result of whistle-blowing. Even though you may not consider that those claims arise, your employee might. It is still worth following a fair if truncated procedure before dismissing in all cases regardless of the length of service.

Talk to us today to get advice from London Employment Solicitors and Lawyers.