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Thursday 25 November 2010

Qualifying period for unfair dismissal under review

No timetable has been announced, however, the Government is reviewing the qualifying period for unfair dismissal and considering increasing it from one year to two. Apart from automatic exceptions such as whistleblowing and discrimination, the length of service required to bring a claim for unfair dismissal is currently one year.


Employers should not see this as an excuse to treat employees unfairly and should always follow 'best practice' in order to protect themselves and their employees. It is thought that, by increasing the qualifying period, employees may be more likely to try and bring claims for discrimination rather than unfair dismissal. Unlike unfair dismissal claims, discrimination claims are uncapped and are far more costly for employers to defend.

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