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1 year or 2 years’ service for unfair dismissal?

Employment law and HR issues

1 year or 2 years’ service for unfair dismissal?
Your answers to the employment law reforms confusion.

Gelbergs earlier blog on the radical Employment Law Reforms highlighted the government’s intention to increase the number of years an employee has to work in order to have protection from unfair dismissal.

The qualifying period is currently one year, but it is being raised to two years from 6 April 2012. The following should help clarify matters for employers, but remember to always get advice!

  1. “I employed someone on 6 April 2011. By the time the new law comes in; they will just have one year’s full service. Can I dismiss them without following a proper procedure?”

    No! You must always follow procedures whether someone has the required service or not, however in this instance the employee has in fact worked long enough to get protection from Unfair Dismissal. If an employee is already in their job when the new law comes in, the old law applies.
  2. “I employed someone on 6 January 2012, when do they qualify for protection from Unfair Dismissal?”

    Even though the new two year law comes in on 6 April 2012 and this employee will only have 4 months’ service, they will be able to make a claim for Unfair Dismissal by 6 January 2013 when they have one year’s complete service
  3. Increase the qualification period for unfair dismissal from one to two years from April 2012.
  4. Modify the calculation for employment tribunal awards and statutory redundancy payments to round to the nearest pound.
  5. “I employed someone on 6 April 2012, when do they qualify for protection from Unfair Dismissal?”

    6 April 2014. The new law only applies to those employees who start work on 6 April 2012 or later.

    6. Gelbergs Solicitors is based in Islington, London N1 and offers a comprehensive multi-disciplinary HR advice and employment law service to employers. We would be happy to hear from any business owners who would like to discuss how the reforms will impact their business, or who need HR or legal advice about any employment issues, or who would like a free assessment of their employment contracts, and HR policies and procedures.

    Call us on 020 7226 0570 and ask for Emmajane Taylor-Moran or Jane Manville. Our website can be found at www.gelbergs.co.uk and twitter at @gelbergs.