In our E-update of December 2011 we reported that the Government made a preliminary announcement that the qualifying period of employment for an unfair dismissal claim would increase from one to two years of continuous service. We can now confirm that this change will be implemented on 6 April 2012.

Employees who started their employment before 6 April 2012 will still have the right to claim unfair dismissal after one year of service. However those whose employment commences on or after 6 April 2012 will only be able to bring a claim for unfair dismissal after two years of service.

NOTE: In calculating whether or not an employee has one or two years of service it is possible for them to add their statutory notice period of one week to their length of service to enable them to reach the qualifying service period.

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