The government’s plans for unfair dismissal to become a day-one right (subject to reasonable use of probationary periods) create an uncertain time for employers, particularly those currently taking on new hires or entering into fixed term contracts. While we await detail of the government’s plans, we take a brief look at the history of the qualifying period and the transitional arrangements which have applied, the latter potentially indicative of what the arrangements will be this time around.

The right not to be unfairly dismissed has been part of established UK employment law since 1971 and is currently legislated for in the Employment Rights Act 1996. Although there are some exceptions, the right has always been subject to a qualifying period of service, i.e., that the employee must have been working for their employer for a prescribed period of time before they have unfair dismissal rights.Continue Reading Transition arrangements for a change in unfair dismissal qualification