6 April: Qualifying period for unfair dismissal increases from one to two years

The qualifying period for employees to claim unfair dismissal (and have the right to written reasons for dismissal) increases from one to two years on 6 April 2012. The increase applies only to employees whose employment with their employer begins on or after 6 April. The one-year qualifying period will continue to apply to employees who started with their employer prior to that date. 

The increase in the qualifying period was originally proposed in the Government's Resolving workplace disputes: public consultation (PDF format, 528K) (on the BIS website). The aim of the increase is to "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 response to the consultation (PDF format, 364K) is also on the BIS website. 

• The Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 View the draft Order increasing the unfair dismissal qualifying period on the UK legislation website. 

Also

Keep up to date with forthcoming employment law changes using XpertHR's legal timetable and HR calendar. 

The XpertHR FAQs section provides answers to questions about the qualifying period for unfair dismissal:

• Does the April 2012 increase in the qualifying period for unfair dismissal claims from one to two years apply retrospectively?
• In what circumstances does an employee not need minimum qualifying service to claim unfair dismissal?
• Which statutory rights require a period of qualifying service?
• How is the qualifying period for unfair dismissal claims calculated?