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Extention of qualifying period for unfair dismissal claims is "not definate" according to the Government

29 September 2011 #Employment

Despite its red tape review stating that the increase in the qualifying period of employment need to bring a claim of unfair dismissal in the Tribunal would be increased to 2 years, the Government has announced that the increased is not yet definite.

The review paper stated "We are increasing the qualifying period for employees to be able to bring a claim for unfair dismissal from one to two years and introducing fees for lodging employment tribunal cases to tackle vexatious claims." BIS (the department for Business, Innovation and Skills has now stated that the document contained a drafting error and will be reissued.

A consultation on the proposal was concluded earlier this year, although no response has yet been published. As expected, businesses were widely in favor of the proposal and employee groups such as Trade Unions strongly opposed. The Government hopes that if the qualifying period is increased the number of Tribunal claims will reduce. Tribunal members are not convinced though. A number of Judges have said that, whilst they think the measure would reduce unfair dismissal claims, it would lead to a higher number of claims for discrimination or other complaints which have no qualifying period and so would have no reduction on claims overall.

Buddy would be keen to know what its members think on this topic. Please post your comments using the leave a comment boxes below.

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
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