Claims for Unfair Dismissal to be Extended 2 years

4th April 2012
Claims for Unfair Dismissal to be Extended 2 years image

Claims for Unfair Dismissal to be Extended 2 years

The Government Announces That the Claims for unfair dismissal Qualifying period has been extended to 2 years.

On 3rd October the Government announced that the qualifying period for the right to claim unfair dismissal will be extended from one to two years with effect from 6th April 2012.

The Government believes that this will help increase business confidence to take on more workers, and should see unfair dismissal claims drop by around 2,000 per year. The Government is also considering other issues of employment law, and in particular whether Claimants need to pay a fee for lodging Tribunal Claims. In his speech to the Conservative Party Conference on 3rd October, the Chancellor of the Exchequer indicated that such a fee will be introduced from April 2013.

Daven Naghen, head of the Maples Employment Team commented as follows:-

“This announcement has come as no surprise, and has been in the pipeline for a while. I suspect that this law change shall be challenged, with Claimants arguing that it constitutes indirect sex discrimination or indirect age discrimination. This is because statistically fewer women have two years qualifying service and the same can be said of younger people. The issue will be whether or not the Government can objectively justify the two year qualifying period. I think that ultimately the Courts will find in favour of the Government in respect of such challenges, since the Courts will not want to be seen to be interfering with the Government’s attempts to help businesses and “kick start” the economy.

Potential Claimants may look to get around this increase in qualifying period by instead claiming some form of discrimination instead of unfair dismissal since no qualifying period is needed for discrimination (e.g. on the grounds of sex, race, age etc). Therefore although I do expect a drop in the number of cases being brought each year, I am not so sure it will be as much of a drop as the Government predicts. Employers still need to be very wary of taking on staff, due to the complex myriad of employment legislation that still provides rights to workers notwithstanding the lack of continuity of employment.”

Further commentary will follow in our Employment Newsletter leading up to 6th April 2012 implementation date.

If you need advice on any employment issue, whether as an employer or an employee, then please contact Daven Naghen on 01775 722261 at or at 23 New Road, Spalding, Lincolnshire PE11 1DH or Gemma Mayer on 01775 722261 at or at 23 New Road, Spalding, Lincolnshire PE11 1DH

Dementia Friends image

Dementia Friends

Maples Solicitors are proud to announce that they have now joined to become Dementia Friends which is an Alzheimer’s Society initiative.

The private client department of Maples Solicitors prepare Wills and Lasting Powers of Attorney on a regular basis and this often involves dealing with clients who are suffering from dementia. The private client team pride themselves on spending as much time as is necessary to assist all of their clients, but those suffering from dementia often require additional assistance and time to ensure that they have fully understood the legal documentation that they are creating. The private client department are regularly complimented on the way they deal with such clients, whether this be explaining things to them in a clear and uncomplicated manner, spending time with them or putting them at ease.

It is a misconception that anyone suffering from dementia cannot make a Will or Lasting Power of Attorney. Only if someone lacks sufficient mental capacity are they unable to make such a document. It is therefore vitally important upon any diagnosis of dementia that legal advice is taken as soon as possible to make sure that your affairs are in order so that it is easier for your family to deal with your affairs if you are unable to do so yourself.

To become Dementia Friends, Maples Solicitors have pledged to develop their understanding of dementia and continue assisting clients suffering from dementia with their legal affairs in a respectful, friendly and efficient way that is not daunting making the process as easy as possible.

Read More


Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs GCILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.