The Government has announced that the qualifying period for an employee to benefit from protection against unfair dismissal is to increase to two years.
Two years had been the qualifying period during most of the last Tory government but was reduced by Labour in 1999. Way back in pre-history the period had been as short as six months.
This change will come in April next year and can be made by the Secretary of State by Statutory Instrument so it does not fall to the much lengthier process of a Statute – so one can take it that it will happen unless the government were to do a U-turn. That is a possibility if the LibDems seek to obtain a concession on it in exchange for something else.
Assuming that the change does occur then, if the 1999 template for change is to be followed, it will have an impact on employees who already have a year’s service - quite apart from the effect on all employees with under a year’s service. The new qualifying period will apply to all employees whose last day of employment falls after the commencement date for the change. This means that an employee with just a year’s service on that day will still not get the protection from unfair dismissal for another year.
So, in the early spring an employee thinking of resigning and claiming constructive unfair dismissal may need to get a move on if the has only just over a year’s service. Likewise, employers wishing to terminate employments in situations that look a trifle problematic for the employer may defer decision making until after the commencement date (probably 6th April).
This change will probably not apply to employees in certain special situations for which there is no relevant qualifying period – e.g. in relation to dismissal taking or seeking to take time off for family reasons; dismissal for asserting right to National Minimum Wage.
