0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

unfair dismissal period set for extension

1 November 2010

The government is actively considering increasing the qualifying period for bringing an unfair dismissal back up from one year to two years service although the timetable for a decision has not yet been announced.

The likely rationale for such a change would appear to be to increase flexibilty in the workforce for employers and, as a result, to encourage employment opportunities. If the change occurs, it is moderately good news for employers offering an extra year in which, for example, they could dismiss for poor performance, minor misconduct or redundancy without the requirement of procedural or substantive fairness – but there may be increased allegations of discrimination (or other claims where no qualifying period is required, such as whistleblowing) by those who would otherwise have lost the right to claim unfair dismissal.

related opinions

Furloughed employees entitled to full pay for redundancy purposes

The government has brought in new legislation to ensure that any employees who have been furloughed will have their statutory redundancy pay calculated based on their full-time wages as opposed their furloughed pay in the event that they are made redundant.

View blog

Return to work – all change or more of the same?

The Government has announced that its workplace guidance will change with effect from 1 August and its “work from home” message will be removed.

View blog

Will there be a return of employment tribunal fees?

The Government is reportedly considering the reinstatement of tribunal fees in respect of employment claims.

View blog

Redundancy: competitive interview processes

In this case, the Respondent’s appeal was unsuccessful. In the first instance, the decision that it unfairly dismissed various claimants following the closure of the school where they worked. The Claimants were unsuccessful in applying for substantially similar positions at a new school that opened at the same site. Read more here.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up