The Government plans to shake up employment law in the UK. One of the important changes is the increased qualifying period for unfair dismissal.
At present, an employee with one year’s continuous employment has the right to claim unfair dismissal. From April 2012, an employee must have two years’ continuous employment to bring an unfair dismissal claim.
How does this change affect employers and employees?
Employees will be disgruntled to hear that they will need an extra year’s service before they can bring a claim for unfair dismissal. Injustices may arise if an employee is dismissed by the employer before accruing two year’s service. Unscrupulous employers could hire and retain staff for just short of a two year period and then terminate their employment. In cases where an individual has no redress other than an unfair dismissal claim, the change in the law may well work against employees.
While the increased qualifying period may well be welcomed by employers it should be noted that employees can still pursue discrimination claims. Further, they may still be able to pursue an unfair dismissal claim in certain circumstances where no qualifying period of service with the employer is needed. This includes whistle blowing and maternity related claims, amongst others. Such claims may be even more expensive for an employer to defend than the ordinary unfair dismissal claims.
If you are an employer or employee and have queries relating to this matter, contact us for further information.
FOZIA AHMAD
The Honley Law Practice
