The Government has announced that the ‘qualifying period’ for the right to claim unfair dismissal will be extended from one to two years on 6 April 2012. Under current legislation, only employees that have been employed by an employer for one year or more may bring a claim for unfair dismissal unless they fall within a statutory exception.
Whilst employers will no doubt welcome the move, there are concerns that the change may lead to an increase in the number of discrimination claims, for which there is no qualifying period.
The Government has suggested that increasing the qualifying period to two years, if combined with other measures, should see the number of unfair dismissal claims drop by around 2,000 per year. Other proposals include a fee for lodging claims with the Employment Tribunal. Indeed, in his speech to the Conservative party conference, the Chancellor of the Exchequer indicated that such a fee will be introduced from April 2013 in order to dissuade disgruntled Employees from making vexatious or unsubstantiated claims.
If you are currently facing proceedings in an Employment Tribunal, or wish to obtain advice on any area of employment law, then please do not hesitate to contact Stephen Nixon, Andrew Pointon or David Evans at Enoch Evans LLP.
<< Back to Newsdesk |
