Employers need to be aware that employees who commenced employment on or after 6th April 2012 now have to accrue two years service before they have the right to bring a claim of ordinary unfair dismissal.
This change in employment legislation does not apply retrospectively to employees employed prior to 6th April 2012. These employees still have the right to claim ordinary unfair dismissal if they have accrued one years service.
I am not surprised at this revision to the law given that the Employment Tribunals had over a fifty percent increase in claims last year alone. The government’s rationale is that it will be more difficult for employees to lodge employment claims, therefore reducing the likely number of claims being made against businesses. The extension in the unfair dismissal qualifying period will allow employers to be more flexible when having to make commercial decisions regarding the termination of employees.
If you require employment law advice for your business, including making staff redundant, unfair dismissal claims or employment tribunal proceedings, please don’t hesitate to contact me for advice.
Victoria Mitchell, Employment Solicitor in Lancashire
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