Most important changes affecting unfair dismissal law since 2010

Here is a short summary of the most important changes to the right to claim unfair dismissal made by the coalition government:

• since 6 April 2012, most claims for unfair dismissal require two years’ continuous service (see page 271);

• since 29 July 2013, tribunal fees totalling £1,200 must be paid to bring any unfair dismissal claim. This sum is made up of an issue fee of £250 and a hearing fee of £950. There are further fees for any appeal. A few claimants may qualify for remission. For more information, see Chapter 13;

• all potential claimants must now contact Acas for Early Conciliation before issuing a claim. The only exception is a claim for interim relief (see page 127). This important change is explained in Chapter 13;

• since July 2013, in any claim for ordinary (but not automatic) unfair dismissal, claimants are barred from telling the tribunal about any discussions with their employer that were aimed at ending the employment on agreed terms, unless there is evidence of “improper behaviour”. This development is explained on pages 426-427;

• for all dismissals on or after 29 July 2013, the size of the compensatory award has been cut. The compensatory award is now capped at the higher of 52 weeks’ gross pay or the annual limit (£78,335 from 6 April 2015). In practice, this change will affect very few claimants, since the median unfair dismissal award in 2013-14 was just £5,016;

• changes have been made to whistleblowing laws. These are explained on page 303;

• in July 2013, the service requirement was removed for claims of unfair dismissal for political belief (see page 297);

• the protection provided by TUPE against unfair dismissal of employees involved in a TUPE transfer has been reduced. The change affects all claims where notice of dismissal was given on or after 31 January 2014, or if no notice was given, where the effective date of termination of the employment was on or after 31 January 2014 (see page 404).