Government plans to double length of qualifying period for unfair dismissal claims

Oct 1, 2011 | By: Brett Wilson

Chancellor George Osborne has unveiled plans to prevent unfair dismissal claims being brought until an employee has accrued two years of service. Currently employees are able to bring claims after one year of service.

Dismissals can be classed as unfair where an employer does not have a fair reason for dismissing an employee, where the correct disciplinary procedure has not been followed or where an employee has been dismissed for one of several specified reasons (e.g. wanting to take maternity leave).

The government believe the measures will save businesses money by reducing the number of employment tribunal claims they have to defend (legal costs are not normally recoverable), whilst critics state the move will be a “charter for bad bosses”.

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