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Unfair dismissal confusion

The clarity of the varying lengths of service required for an employee to bring a tribunal claim is confusing for SMEs following the introduction of the 2 year unfair dismissal qualifying period, according to The HR Dept’s recent national survey.

The results of the survey which also saw The HR Dept gain a significant 9.1 overall satisfaction score, found the majority of its SME respondents were unsure of the various qualifying periods. For example employees who commenced work after 6th April 2012 are now required to serve 2 year’s employment with a company before they can bring a claim of unfair dismissal, however those employed just a day before only need 1 year’s continuous service.

“There has been a real mixed bag of results” says HR Dept. “There is clearly some confusion which has been sparked from the changes to the requirements of bringing a claim of unfair dismissal forward”.

Claims that require no service at all are all discrimination based claims, as well as claims based on unlawful deduction from wages, whistle blowing and Health & Safety. Discrimination claims such as pregnancy and maternity related claims can also be brought before employment even commences.

The HR Dept believes “We are delighted with the high level of response and satisfaction from our clients. Employment law seems to change like the weather, but it is The HR Dept’s mission to break down the barriers that employers face in order to instil confidence
in taking on new staff and to be able to manage current workforces without fear of tribunal.”

The HR Dept specialises in advising small and medium sized businesses on all employment issues.

Date:
Tuesday, August 21, 2012