Two year unfair dismissal qualifying period removed for dismissal due to political opinion
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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
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
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
www.lawson-west.co.uk 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