Remove 2 year threshold for unfair dismissal claims
- 27 Signatures
(Estimated Final Signatures: 48 - 2 added in the past 24hrs)
We want those who have been employed less than two years to have the same recourse to pursue employers for unfair dismissal as those who have been employed for more than two years.
Found: We feel that many people have experienced unfair dismissal while on probation before the two year mark
Asked by: Alison Griffiths (Conservative - Bognor Regis and Littlehampton)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, whether his Department offers protection to staff from unfair dismissal from their first working day.
Answered by James Murray - Exchequer Secretary (HM Treasury)
HMT staff must have completed 2 years’ service to be protected against unfair dismissal.
The new Employment Rights Bill will amend the law on unfair dismissal to protect staff from their first working day.
HMT will implement this legislative change when it comes into force.
Asked by: Alison Griffiths (Conservative - Bognor Regis and Littlehampton)
Question to the Cabinet Office:
To ask the Minister for the Cabinet Office, whether his Department offers protection to staff from unfair dismissal from their first working day.
Answered by Georgia Gould - Parliamentary Secretary (Cabinet Office)
Unfair dismissal in the UK is governed by the Employment Rights Act 1996 and other legislation, which stipulates that you must have worked for your employer for a minimum period before you qualify for the right to claim unfair dismissal at a tribunal.
An employee usually has the right to make an unfair dismissal claim to an employment tribunal if they: a) are legally classed as an employee and b) have worked for their employer for 2 years.
In line with legislation, permanent Cabinet Office employees and those on fixed term appointments with over 2 years’ service have unfair dismissal rights, provided they have been recruited through Fair and Open Competition in accordance with the Recruitment Principles.
As with any changes to employment legislation, internal policies and processes will be updated as appropriate in line with the Government’s legislation on employment rights.
Asked by: Alison Griffiths (Conservative - Bognor Regis and Littlehampton)
Question to the Attorney General:
To ask the Solicitor General, whether his Department offers protection to staff from unfair dismissal from their first working day.
Answered by Lucy Rigby - Solicitor General (Attorney General's Office)
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 Wales Office:
To ask the Secretary of State for Wales, whether her Department offers protection to staff from unfair dismissal from their first working day.
Answered by Jo Stevens - Secretary of State for Wales
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 Scotland Office:
To ask the Secretary of State for Scotland, whether his Department offers protection to staff from unfair dismissal from their first working day.
Answered by Kirsty McNeill - Parliamentary Under-Secretary (Scotland Office)
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.
It may be helpful to explain that the Scotland Office does not employ staff directly. All staff that join do so on an assignment, loan or secondment from other Government bodies, principally the Scottish Government and the Ministry of Justice, who remain the employers and determine the terms and conditions for their employees.
Asked by: Alison Griffiths (Conservative - Bognor Regis and Littlehampton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether her Department offers protection to staff from unfair dismissal from their first working day.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
The Ministry of Justice has comprehensive people policies in place to protect staff from unfair dismissal. These policies set out a clear, fair and legally compliant process for dealing with conduct, attendance, performance and failed probation related dismissals. These policies are applicable to Ministry of Justice staff from day one of employment.
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 Ministry of Defence:
To ask the Secretary of State for Defence, whether his Department offers protection to staff from unfair dismissal from their first working day.
Answered by Al Carns - Parliamentary Under-Secretary (Ministry of Defence) (Minister for Veterans)
The Ministry of Defence is compliant with the existing legislation which is set out in the Employment Rights Act 1996. This provides for protection against unfair dismissal for employees with at least two years of service. Employees with less than two years of service can claim unfair dismissal in certain circumstances, including for discrimination based on protected characteristics.
Asked by: Alison Griffiths (Conservative - Bognor Regis and Littlehampton)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, whether his Department offers protection to staff from unfair dismissal from their first working day.
Answered by Hilary Benn - Secretary of State for Northern Ireland
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 Education:
To ask the Secretary of State for Education, whether her Department offers protection to staff from unfair dismissal from their first working day.
Answered by Janet Daby - Parliamentary Under-Secretary (Department for Education)
The department has appropriate policies and processes in place to ensure employees are treated fairly from day one of their employment.
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.