Upcoming Changes To Unfair Dismissal Not Retrospective

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The Government have confirmed that employees who start work before 6th April, 2012 will continue to be able to claim unfair dismissal after one year’s service. The new two-year qualifying period introduced as part of the Government’s employment law review last October will only apply to employees who start their employment on or after 6th April, 2012. The Department for Business, Innovation and Skills (BIS) has confirmed that the reason for the policy is to encourage recruitment and it is not considered appropriate or necessary to apply it to those who are already in work. These Regulations are still subject to parliamentary debate but are expected to be published soon. Don’t forget though that there will still be no qualifying period for a discrimination claim. The Unions have criticised the change claiming that it will favour unscrupulous manager and some legal experts have suggested that it will encourage more employees to bring discrimination claims. What’s your view?

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