Qualifying period for unfair dismissal (and written reasons for dismissal) to be increased
On 3 October 2011, the Government announced that the qualifying period for an employee to bring an unfair dismissal claim will increase from one year to two years. This change will come into force on 6 April 2012.
The increase was originally proposed in the Government's Resolving workplace disputes: public consultation (PDF format, 528K) (on the BIS website), which states that the increase will: "provide more time for employers and employees to resolve difficulties, give employers greater confidence in taking on people and ease the burden on the employment tribunal process". The Government confirmed the increase via an announcement on the News Distribution Service website and in its response to the consultation (Resolving Workplace Disputes: Government response to the consultation (PDF format, 364K) (on the BIS website)).
In January 2012, the Government confirmed that the increase will apply only to employees who join an employer on or after 6 April 2012. The current one-year qualifying period will continue to apply to employees who started their employment prior to 6 April 2012. The Department for Business, Innovation and Skills (BIS) confirmed to XpertHR that "the objective of the policy is to encourage recruitment, [so it does not] believe that it is appropriate or necessary to apply it to those already in work". The transitional arrangements will be the same as those that applied when the qualifying period was last increased in 1985. In February 2012, the Government published the draft Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012, which is available on the National Archives website and effects the increase in the unfair dismissal qualifying period to two years.
The draft order also increases the qualifying period that applies to the right to receive a written statement of reasons for dismissal, on request. The current one-year qualifying period (which applies in most cases) will increase to two years for employees who start their employment on or after 6 April 2012.
XpertHR guidance
- The XpertHR employment law manual sets out the law relating to unfair dismissal.
- The XpertHR forthcoming law section also sets out the Government's proposed reforms to the employment tribunal system.
- Non-practising barrister David Busfield-Birch has set out his views on increasing the unfair dismissal service threshold on the XpertHR Tribunal Watch blog. You can also tell us what you think about the increase.
Government guidance and documents
- The proposed increase to the unfair dismissal qualifying period is included in the Resolving workplace disputes: public consultation (PDF format, 528K) (on the BIS website), which also sets out the Government's proposals for reforming the employment tribunal system.
- The Government confirmed the increase to the qualifying period in an announcement on the News Distribution Service website and, on 23 November 2011, in its response to the consultation (Resolving Workplace Disputes: Government response to the consultation (PDF format, 364K) (on the BIS website)).
- The draft Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 is available on the National Archives website.
