Unfair dismissal for political views: no need for qualifying service

Download document:

Unfair dismissal for political views: no need for qualifying service - .PDF file.

The requirement for employees to have two years’ service before bringing a claim for unfair dismissal where the reason for dismissal was the employee’s political opinion or affiliation is to be removed. The proposal, contained in amendments to the Enterprise and Regulatory Reform Bill currently going through Parliament, comes after the European Court of Human Rights (ECHR) handed down its decision in Redfearn v United Kingdom.

As the law currently stands, employees are barred from bringing any claims of unfair dismissal without first completing two years’ continuous service with their former employer. Previously the qualifying period was only one year but this was increased in April 2012. Currently, the only exception to this rule is for limited cases involving automatic unfair dismissal e.g. where the reason for the dismissal is pregnancy related…

If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.