Features

HR Update: Get ready for changes to unfair dismissal

Management Provision
The current qualification period for employees to bring an unfair dismissal claim to an employment tribunal is one year. From 6 April 2012 employees will require two years' service to do so. However, employers need to understand the power of other staff rights which might result in a successful early claim, says Jacqui Mann, managing director of HR4Nurseries (www.hr4nurseries.co.uk)

The Government says this change will reduce the amount of tribunal claims and encourage employers to recruit more staff without the worry of being taken to a tribunal.

Many nursery owners, I am sure, will be really pleased with this news. But it may not be as good news for employers as it appears. It's important to remember that other rights that are available from day one of employment - such as discrimination - will remain in place. These changes will not remove the risk of discrimination claims, which can be very costly.

AUTOMATICALLY UNFAIR

Here are some examples of certain dismissals which are 'automatically unfair'. The employee just has to show that the dismissal was for one of the following reasons:

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