Changes to the employment laws due in the New Year (2012) will mean that employees will have to pay a fee to take a case to an employment tribunal which they will get back only if they win, and that the qualifying period of continuous employment before bringing in claims for unfair dismissal will be doubled to two years. Whilst the change to the qualifying period is effective 06 April 2012, not effective date has been announced for the tribunal fees.
However, employers must note that the no qualifying period (of continuous employment) applies where a claim for unfair dismissal has been brought in against ‘automatic dismissal’ cases such as:
a) Health and Safety dismissal
b) Pregnancy related dismissal (only if the employer was aware of the employee being pregnant)
c) Dismissal related to asserting a statutory right
d) Dismissal relating to trade union membership or non-membership
e) Dismissal in connection with the national minimum wage
f) Dismissal connected with refusing to exceed the 48-hour working week
g) Dismissal for whistleblowing
The qualifying period also doesn’t apply where the dismissal is related to discrimination on grounds of sex, race, age, disability, sexual orientation or religious belief.
