The qualifying period for unfair dismissal claims is expected to be extended from one year to two years from 6 April 2012, but not retrospectively.
In November 2011 the Government announced its intention to extend the qualifying period for unfair dismissal claims to two years from 6 April 2012. Note that we are still waiting for a draft of the legislation required to bring about that change to be published .
In the meantime, however, it has been reported that the increase in the qualifying period is only intended to apply to those starting new employment on or after 6 April 2012 and will not be applied retrospectively to employees who started work before that date. Those who started work on or before 5 April 2012 would still only require one year’s service to qualify for unfair dismissal rights.
The proposed legislation required to extend the qualifying period is expected to be published shortly and will then be subject to Parliamentary procedure.
*The proposed changes do not impact on ‘automatic unfair dismissal’ claims.
