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Changes to Unfair Dismissal Law will not be retrospective

Author Chris Cook

Date 24 January 2012

In October 2011 the Government announced that the qualifying period for unfair dismissal claims would be doubling. At this time, business secretary Vince Cable said that ’Businesses tell us that unfair dismissal rules are a major barrier to taking on more people’. However, at this time the government did not confirm whether it would affect existing employees (who may already have qualified for unfair dismissal rights) or just new starters.

The Department for Business, Innovation and Skills has now explained that the aim of the policy is mainly to encourage recruitment and it does not believe that it is “appropriate or necessary to apply it to those already in work”.

The Government has confirmed that employees starting work before 6 April 2012 will be able to make unfair dismissal claims after one year’s service. The new two-year period of qualification will only apply to those who commence employment on or after 6 April 2012. As well as giving employers greater confidence to take new people on, it is also hoped to provide more time for employers and employees to resolve their difficulties as well as easing constraints on the employment tribunal process.

To read more Unfair Dismissal related articles, click here.

If you would like more information or advice relating to a specific matter, please do not hesitate to contact Chris Cook on 01727 798017 or by email at chris.cook@salaw.com or any member of the Employment Team.

© SA LAW 2012
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