2012 No. 989

Terms And Conditions Of Employment

The Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012

Made

Coming into force

A draft of this Order was laid before Parliament in accordance with section 236(3) of the Employment Rights Act 19961 and approved by a resolution of each House of Parliament.

Accordingly, the Secretary of State, in exercise of the powers conferred by sections 209(1)(c) and (5) and 236(5) of the Employment Rights Act 1996, makes the following Order:

Citation and commencement1

This Order may be cited as the Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 and comes into force on 6th April 2012.

Qualifying period for right to written statement of reasons for dismissal2

 In section 92(3)2 of the Employment Rights Act 1996 for “one year” substitute “two years”.

Qualifying period for right to claim unfair dismissal3

 In subsections (1) and (2) of section 1083 of the Employment Rights Act 1996 for “one year” substitute “two years”.

Transitional provision4

 Articles 2, 3 and 5 do not have effect in any case where the period of continuous employment4 begins before 6th April 2012.

Revocation5

The Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 19995 is revoked.

David WillettsMinister of State for Universities and ScienceDepartment for Business, Innovation and Skills
EXPLANATORY NOTE

(This note is not part of the Order)

This Order increases from one year to two years the qualifying period of continuous employment needed:

a

for the entitlement, on request, to a written statement of reasons for dismissal (article 2), and

b

to acquire the right not to be unfairly dismissed (article 3).

The Order contains a transitional provision having the effect that the new qualifying periods will not apply to those employees whose period of continuous employment begins before 6th April 2012.

A full regulatory impact assessment is available and a copy can be obtained from the Department for Business, Innovation and Skills, Labour Market Directorate, 1 Victoria Street, London, SW1H 0ET. Copies have also been placed in the libraries of both Houses of Parliament.