Asked by: Alison Griffiths (Conservative - Bognor Regis and Littlehampton)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether his Department offers protection to staff from unfair dismissal from their first working day.
Answered by Diana Johnson - Minister of State (Home Office)
In line with the current requirements of employment legislation regarding fair dismissal processes, new Home Office employees who have not previously completed a probationary period in the Civil Service are required to serve a period of at least six months’ probation.
During this time they can be dismissed, following a fair process, if their conduct, performance or attendance does not meet the expected standards.
Asked by: Alison Griffiths (Conservative - Bognor Regis and Littlehampton)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether his Department offers protection to staff from unfair dismissal from their first working day.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The protections for staff within the Department for Work and Pensions against unfair dismissal include the application of a fair, published, accessible discipline procedure, formal appeal of the decision to an independent appeal manager and an ability for the trade unions to raise with the central HR team any dismissal decisions they are concerned about.
These rights can be exercised by staff from their first day of working.
Where staff externally make a claim of unfair dismissal to the Employment Tribunal, the rules of the tribunal apply and this is outside DWP’s control.
Asked by: Alison Griffiths (Conservative - Bognor Regis and Littlehampton)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, whether his Department offers protection to staff from unfair dismissal from their first working day.
Answered by Karin Smyth - Minister of State (Department of Health and Social Care)
The Department has defined unfair dismissal to occur where no fair reason has been provided to justify the dismissal, resulting in a breach of contract.
All dismissals are handled in line with current legislation and the Department’s policies and procedures. Employees who are new to the Civil Service are subject to a probationary period of between one and six months, depending on the type of appointment. During this time, employees are made aware that they are being assessed for their suitability for the role. Employees may only be terminated before the end of their probation in exceptional cases of poor performance, or for gross misconduct.
Where an employee feels they may have been unfairly dismissed, appropriate internal appeal routes may be instigated. Where an employee is unable to solve a problem internally, they may be able to go to an employment tribunal to claim unfair dismissal, as set out in legislation.
This position will be reviewed when unfair dismissal rights are updated in line with proposals in the Employment Rights Bill. This position will be reviewed when unfair dismissal rights are updated in line with proposals in the Employment Rights Bill.
Asked by: Alison Griffiths (Conservative - Bognor Regis and Littlehampton)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, whether his Department offers protection to staff from unfair dismissal from their first working day.
Answered by Catherine West - Parliamentary Under-Secretary (Foreign, Commonwealth and Development Office)
The FCDO is committed to ensuring fair treatment and protection for all its employees from the outset of their employment. The FCDO adheres to the principles of fairness and transparency in all its employment practices, including protection against unfair dismissal. While the current UK employment law stipulates a two-year qualifying period for employees to gain protection against unfair dismissal, the FCDO goes beyond this requirement by fostering a supportive and respectful working environment and having in place robust and fair procedures relating to employment decisions.
Asked by: Alison Griffiths (Conservative - Bognor Regis and Littlehampton)
Question to the Department for Transport:
To ask the Secretary of State for Transport, whether her Department offers protection to staff from unfair dismissal from their first working day.
Answered by Mike Kane - Parliamentary Under-Secretary (Department for Transport)
The Department for Transport employs robust policies to ensure that the dismissal of any employee, including new employees serving a period of probation, is fair and legally compliant.
Asked by: Alison Griffiths (Conservative - Bognor Regis and Littlehampton)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, whether his Department offers protection to staff from unfair dismissal from their first working day.
Answered by Daniel Zeichner - Minister of State (Department for Environment, Food and Rural Affairs)
All dismissals are handled in line with current legislation and appropriate Codes of Practice. Where an employee feels they may have been unfairly dismissed, appropriate internal appeal routes may be instigated. Where an employee is unable to solve a problem internally, they may be able to go to an employment tribunal to claim unfair dismissal, as set out in legislation.
This position will be reviewed when unfair dismissal rights are updated in line with proposals in the Employment Rights Bill.
Asked by: Alison Griffiths (Conservative - Bognor Regis and Littlehampton)
Question to the Department for Digital, Culture, Media & Sport:
To ask the Secretary of State for Culture, Media and Sport, whether her Department offers protection to staff from unfair dismissal from their first working day.
Answered by Stephanie Peacock - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)
All dismissals are handled in line with current legislation and appropriate Codes of Practice. Where an employee feels they may have been unfairly dismissed, appropriate internal appeal routes may be instigated.
Where an employee is unable to solve a problem internally they may be able to go to an employment tribunal to claim unfair dismissal, as set out in legislation. This position will be reviewed when unfair dismissal rights are updated in line with proposals in the Employment Rights Bill 2024-25.
Asked by: Alison Griffiths (Conservative - Bognor Regis and Littlehampton)
Question to the Department for Science, Innovation & Technology:
To ask the Secretary of State for Science, Innovation and Technology, whether his Department offers protection to staff from unfair dismissal from their first working day.
Answered by Feryal Clark - Parliamentary Under Secretary of State (Department for Science, Innovation and Technology)
All dismissals are handled in line with current legislation and appropriate Codes of Practice. Where an employee feels they may have been unfairly dismissed, appropriate internal appeal routes may be instigated.
Where an employee is unable to solve a problem internally they may be able to go to an employment tribunal to claim unfair dismissal, as set out in legislation.
This position will be reviewed when unfair dismissal rights are updated in line with the Employment Rights Bill 2024 when this comes into effect.
Asked by: Jim Shannon (Democratic Unionist Party - Strangford)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what plans he has to increase employee protection from unfair dismissal.
Answered by Justin Madders - Parliamentary Under Secretary of State (Department for Business and Trade)
The Government introduced the Employment Rights Bill in the House on 10 October 2024.
The Bill will make basic protection against unfair dismissal a day one right for all employees, ending the current arbitrary system that leaves employees waiting up to two years to access this right.
Asked by: Alison Griffiths (Conservative - Bognor Regis and Littlehampton)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, whether her Department offers protection to staff from unfair dismissal from their first working day.
Answered by Alex Norris - Parliamentary Under-Secretary (Housing, Communities and Local Government)
All dismissals are handled in line with current legislation and appropriate Codes of Practice.
Where an employee feels they may have been unfairly dismissed, appropriate internal appeal routes may be instigated. Where an employee is unable to solve a problem internally they may be able to go to an employment tribunal to claim unfair dismissal, as set out in legislation.
This position will be reviewed when unfair dismissal rights are updated in line with proposals in the Employment Rights Bill.