The Department for Business, Innovation and Skills (BIS) has confirmed that the increase in the qualifying period for unfair dismissal claims to two years will only apply to those starting a new job on or after 6 April 2012. Employees whose employment started before 6 April will remain subject to the one-year qualifying period. Thus, someone with 18 months' continuous employment on 6 April will not lose their right to claim unfair dismissal, and an employee with 11 months' service on that date will still only have to wait one month before being able to claim. The regulations to extend the qualifying period will be published shortly and will be subject to Parliamentary debate before coming into force.
Further details on the intended dates for a number of reforms announced last year as part of the Employment Law Review were given by the Employment Relations Minister Edward Davey in a written answer to Parliament on 17 January. Subject to parliamentary approval, changes to be effected via secondary legislation - witness statements being taken as read, the removal of witness expenses, judges sitting alone in unfair dismissal cases and changes to limits for cost awards and deposit orders - will come into force on 6 April 2012. Measures requiring primary legislation, including early conciliation, financial penalties for employers, judges sitting alone in the EAT as a default arrangement and an amended formula for uprating tribunal awards and redundancy payments, will be implemented when parliamentary time allows.
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