In their submission to the Government’s review of the employment tribunal system, the TUC have said that plans to extend the qualifying period for protection against unfair dismissal from one year to two, will affect nearly three million workers. The proposed reform will also allow Judges to preside at tribunal hearings alone, instead of sitting in a group. It is hoped to make the legal system more efficient.
If you were employed before 6th April 2012 you will continue to be able to claim unfair dismissal after one year’s continuous service. The new two year qualifying period will only apply to employees who began their employment after this date.
Dismissal is automatically unfair for the following reasons and claims under these terms will not be affected:
- Statutory maternity/paternity/adoption leave
- Asserting your legal rights – i.e not receiving a written statement of your Terms and Conditions or not receiving the National Minimum Wage
- Asking or refusing to join a union
- Complaining about a health and safety problem or reporting wrongdoing at work – known as whistle blowing
- For following up your legal rights to use a grievance or disciplinary procedure • For taking part in industrial action that lasts less than twelve weeks ( if you take part in unofficial strike action you cannot claim unfair dismissal
- For taking time off for Jury Service
Paul Burton, Employment Solicitor, says ”In asking for flexible working hours (if you have the right to), your rights in respect of claims for discrimination on the grounds of any of the protected characteristics are also unaffected.”
Get in touch if you need more information on this topic. For a free initial meeting please call 01202 499255 and Paul or another member of the team will be happy to discuss any questions you may have.
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