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The Government has now confirmed that the qualifying-period increase for unfair dismissal on 6th April 2012 will not be retrospective


This means that any existing employees or new employee who starts work prior to the 6th of April 2012 will continue to have a 1 year qualifying period before they could bring a claim for unfair dismissal. It is important that employers realise this and do not presume that all employees will not be able to claim unfair dismissal until two years employment after this date.  

In the Governments consultation on employment law and resolving workplace disputes, BIS considered that such a change would assist businesses gain confidence in recruiting new employees. Effectively they would get longer to assess an employees performance without being concerned about claims of unfair dismissal.  

An additional reason put forward for this change is to reduce the number of tribunal claims placed before the Employment Tribunals - although whether this will bring much of a reduction is not clear.  

It will be interesting to see whether many employers decide to wait until after the 6th of April to recruit new employees?  

Full details on the Governments response to the consultation process is detailed at the following link: 

If you have any queries do not hesitate to contact Marie Cox on 01908 306931 Related Staff Members: Marie Maguire

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