Unfair dismissal qualifying service

Posted on October 18, 2013

Unfair dismissal qualifying service

The right to claim for unfair dismissal generally is dependant upon the employee having the requisite period of continuous service

For those employed before 6 April 2012 one year’s continuous service is generally necessary to bring an unfair dismissal claim and two years for those employed on or after 6 April 2012. However, s.108 of the Employment Rights Act 1996 contains a list of reasons for dismissal where the qualifying service requirement is dispensed with.  These include, among other things, dismissal as a result of having made a protected disclosure, trade union membership, maternity and asserting a statutory right.  The Enterprise and Regulatory Reform Act 2013 now adds dismissals relating to ‘the employee’s political opinions or affiliations’ to the list.
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