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Unfair dismissal: One year qualifying period dismissed

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I wanted to let you know that a new piece of draft legislation has been approved by both Houses of Parliament that will affect your employees’ ability to sue you for Unfair Dismissal.

Any staff you employ on or after 6th April 2012 will have to be employed for two years before they can claim for unfair dismissal or request a statement of reasons for dismissal.

However, any employees that started working for you on a continuous basis prior to 6th April 2012, will still be able to pursue an unfair dismissal claim after only one year’s service.

There are no changes to discrimination law and employees remain able to bring discrimination claims from day one of their employment – there is no qualifying period.

There is an argument to say that this increase in the qualifying period for unfair dismissal will encourage those employees with less than the required service to bring a claim for discrimination as an alternative.

Discrimination claims are often complex. Therefore, now is a good time to “tighten up” any equal opportunity, discrimination or harassment policies that you may have and ensure they are communicated to all employees.

Members of FBsupport can download the latest compliant policies on equal opportunity, discrimination and harassment by logging onto the client portal.

Not a member yet? Why not sign up today and get instant access to these and over 60 other business critical documents for only £99 a year.

If you are unsure where you stand with employees on these issues, you are facing any unfair dismissal or discrimination claims or you want assistance with amending and/or implementing company policies, please feel free to call me at any time.

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