Posted: Wednesday 18 January 2012
Increase In Unfair Dismissal Qualifying Period To Apply Only To New Employees
Know how provider, Practical Law Company, has indicated that BIS (the Department for Business, Innovation & Skills) has indicated to them that the change to the qualifying period from 1 to 2 years for raising an unfair dismissal claim will apply only to employees who start employment on or after 6 April 2012.
Accordingly, any employees who are already in employment by that date will retain the right to raise an unfair dismissal claim after 1 year's service.
Watch this space for the formal announcement...
Always remember, due to the operation of the statutory notice period, that in most cases an employee (who has a 1 year qualifying period) will actually only need 51 weeks' service to raise an unfair dismissal claim. Any employee who has a 2 year qualifying period will only, in most cases, need 103 weeks' service to raise an unfair dismissal claim). This is because, in each case the statutory notice period will be 1 week and, if their employment is terminated summarily, their continuity of service will be extended by the statutory notice period.
Accordingly, always be very careful if you are terminating an employee's employment very shortly before the qualifying period.
