Change in qualifying service to bring an unfair dismissal claim
There has been much publicity over the government’s recently announced measures to help businesses navigate the minefield of employment law. One of the most heralded and controversial proposals is the increase in the qualifying period of service
required before an employee is permitted to bring a claim of unfair dismissal
from 1 to 2 years.
Employers should note that this increase in qualifying service will be going ahead as planned on 6 April 2012
; however employers should approach this with caution. The Department for Business Innovation and Skills has just confirmed that the change only applies to employees starting a new job on or after 6 April 2012
Therefore even if your new employee starts his or her job on 5 April 2012 their qualifying period of service for unfair dismissal will still remain at one year.
Of course there are many claims that require no qualifying service at all
such as discrimination and whistle blowing
and these remain unchanged by the reforms.