From 1985 until June 1999 the qualifying period for unfair dismissal was two years. The validity of this period was unsuccessfully challenged in “R v. Secretary of State for Employment, ex p Seymour-Smith and Perez”. The Department is not aware of any further challenges to the qualifying period.
The Government believe that the one-year qualifying period for unfair dismissal achieves the right balance between fairness for employees and flexibility for employers. We reduced the qualifying period from two years in 1999.
The Employment Tribunals Service annual reports and accounts provides a breakdown of the outcome of cases by jurisdiction, summarised in the following table.
Disposed of Successful at Tribunal Percentage 2003-04 40,927 4,363 11 2004-05 35,482 3,493 10 2005-06 35,415 3,425 10 Source: ETS Annual Reports (Table 2), 2003-04 to 2005-06