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Two year unfair dismissal qualifying period removed for dismissal due to political opinion


Lawson-West Solicitors - Expert Author

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21 March 2013

Following a decision by the European Court of Human Rights, the government has announced that it will remove the two year qualifying period for unfair dismissal where it applies to dismissal due to political opinion or affiliation.The case, Redfearn v United Kingdom, involved a bus driver who was dismissed after being elected as a local councillor for the British National Party. The Court found that it was a breach of his human rights that he didn’t have the opportunity to claim unfair dismissal due to his sacking as a result of his political opinion.

The driver was unable to bring a claim because he didn’t have the required length’s service (one year at the time – which has now been increased to two years).

The Government has confirmed that it will not appeal the ruling, and will amend the required legislation to comply with the ECHR's decision.

Employment relations minister Jo Swinson commented: "Having considered the judgment, the Government has decided not to appeal this decision. To bring our legislation into line with the ruling, we have tabled an amendment to the Enterprise and Regulatory Reform Bill, currently before the House of Lords. This amendment exempts claimants who allege that their dismissal was on the grounds of political opinion or affiliation from the two-year qualifying period."

About the Author

Lawson-West specialise in commercial, business and employment law. Our team of dedicated commercial solicitors can help with buying or selling a business, business law and disputes, landlord and tenant issues and commercial property. Our expert employment team can offer practical advice and guidance on all aspects of employment law including redundancy, compromise agreements and dismissal procedures. Visit for more information.

If you’d like more information about unfair dismissal please contact  Ashley Hunt, Vaishali Thakerar, Carrie-Ann Randall or Vanessa Crookes at Lawson-West on 0116 212 1000.

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Article Published/Sorted/Amended on Scopulus 2013-04-19 09:34:19 in Legal Articles

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