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update! unfair dismissal claims

Date Posted : 30-01-2012

Increase in qualifying period for unfair dismissal claims – effective 6 April 2012:  
The Department for Business, Innovation and Skills (BIS) has now confirmed that the impending increase in the qualifying period for unfair dismissal claims from 1 year to 2 years will only apply to those who commence employment on or after 6 April 2012.

Employees whose employment started before 6 April 2012 will remain subject to the 1 year qualifying period.

By way of example, an employee with 20 months’ continuous employment on 6 April 2012 will not lose their right to claim unfair dismissal.  Similarly, an employee with 11 months’ service on that date will still only have to wait one month before being able to claim.

This decision appears to be the fairest way of dealing with the transition between the two qualifying periods, but will most certainly be welcomed more by employees than by their employers.

From Jane Middleton, HR consultant, jane@themiddletonpartnership.com