Question about the unfair dismissal law changing to 2 years.

BrettMorganxD

The unfair dismissal law isgoing from 1 year to 2 years in april but is this for people who started april and after or for people regardless?

I start my job officially on the 31st (been doing agency shifts atm while awaiting CRB and refs). Will my period be 1 year or two? because I started before then new law came in?

zzzLazyDaisy

There are other threads on here about this. Although the announcement has been made, the law hasn't been changed yet. It may never be changed because it used to be two years back in the '90s, and was changed to one year following a 9 year challenge to the European Courts.

At the moment all we can say is 'watch this space'.

But yes, if the change in the law comes in, it is likely to apply to everyone.

Try not to worry, things should become clearer over the next few months.

BrettMorganxD

zzzLazyDaisy wrote: »

There are other threads on here about this. Although the announcement has been made, the law hasn't been changed yet. It may never be changed because it used to be two years back in the '90s, and was changed to one year following a 9 year challenge to the European Courts.

At the moment all we can say is 'watch this space'.

But yes, if the change in the law comes in, it is likely to apply to everyone.

Try not to worry, things should become clearer over the next few months.

There was a thread on here saying it was confirmed it was going to be two years

zzzLazyDaisy

It has been announced, and reported in some newspapers, but the law stills states that the qualifying period is one year. This will have to be amended before the change can be brought in. That is not to say it wont happen, but as the law currently stands, the one year rule applies.

scheming_gypsy

if / when it is brought in, it'll no doubt have a 'anybody employed after..........' date. it'd be unlikely that they'd back date it.

zzzLazyDaisy

Until this government I would have agreed with you as there has always been an unwritten rule that changed to the law are not applied retrospectively. But after the shambolic mess that is the changeover from IB to ESA, I wouldn't put anything past this shower.

(I am not a fan of the current incumbents... can you tell?)

SarEl

scheming_gypsy wrote: »

if / when it is brought in, it'll no doubt have a 'anybody employed after..........' date. it'd be unlikely that they'd back date it.

Actually it won't need "backdating" because the qualifying period will simply increase to two years - so it will be two years for everyone would be my best guess - and certainly what happened last time it was increased to two years. The "right" to claim unfair dismissal doesn't accrue until you are unfairly dismissed, if you see what I mean, so it is dubious that they would intriduce a two tier system for people employed before a certain date.

teajug

SarEl wrote: »

Actually it won't need "backdating" because the qualifying period will simply increase to two years - so it will be two years for everyone would be my best guess - and certainly what happened last time it was increased to two years. The "right" to claim unfair dismissal doesn't accrue until you are unfairly dismissed, if you see what I mean, so it is dubious that they would intriduce a two tier system for people employed before a certain date.

Government can and will be creating a two tier system with the new state pension flat scheme that they are proposing to bring in a couple of years time.

Existing pensioners will not be eligible for the new state flat pension state when it is implemented in a couple of years time. It will not surprise me what the shower we have in will do....they are not to be trusted.:mad:

Jarndyce

Am I missing something here? The government have announced that the qualifying period for unfair dismissal claims will change to 2 years as from 6 April 2012.

So from 6 April 2012, if you want to submit an unfair dismissal claim, you will have to have been employed for two years! Simples.

It will create an issue for some people who will qualify for the one year's service between May 2011 and April 2012, and then lose their rights again until the second anniversary of their start date, but until and unless the government say otherwise, and there is no suggestion that they will, then that will be the case.

SarEl

To be fair Lazydaisy is right - since the law has not been changed then we don't know exactly what it will say. But I think best guesses are allowed, especially since this does not require a new law - simply an amendment to the existing one. As in "delete one and replace with two". It isn't likely to be too taxing to draft it!

BrettMorganxD

Jarndyce wrote: »

Am I missing something here? The government have announced that the qualifying period for unfair dismissal claims will change to 2 years as from 6 April 2012.

So from 6 April 2012, if you want to submit an unfair dismissal claim, you will have to have been employed for two years! Simples.

It will create an issue for some people who will qualify for the one year's service between May 2011 and April 2012, and then lose their rights again until the second anniversary of their start date, but until and unless the government say otherwise, and there is no suggestion that they will, then that will be the case.

I think the rule is pathetic tbh. You arn't safe for two whole years, 1 year was long enough. I think it should be 6 month.