Government considers two-year unfair dismissal qualifying period

On 1 November 2010, speaking on BBC Radio 4's Today programme, Lord Young confirmed that the government will consider doubling the period of qualifying service required for "ordinary" unfair dis-missal claims to two years as part of its effort to support small businesses. The government's Backing Small Business document explains that Lord Young will investigate what changes are necessary to make government more small and medium-sized business friendly, and states that he will report back by spring 2011.

The TUC has opposed any proposal to increase the qualifying period, stating that there is no evidence to suggest that this will lead to extra jobs being created.

Equality Act 2010: maternity equality rule amended

Section 76 of the Equality Act 2010 provides that the pregnancy and maternity discrimination provisions of the Act do not apply where a maternity equality clause or rule operates. The purpose of the distinction between the pregnancy and maternity discrimination provisions and the maternity equality provisions is to replicate the division of claims between sex discrimination and equal pay that existed in the pre-October 2010 regime. The pregnancy and maternity provisions prohibit discrimination in relation to non-contractual pay and benefits while the maternity equality clause operates to govern contractual terms about maternity-related pay.

To rectify a drafting omission, the Equality Act 2010 (Amendment) Order 2010 (SI 2010/2622) amends section 76 of the Act by extending its effect to exclude claims for pregnancy and maternity discrimination relating to contractual pay where a maternity equality clause or rule has no effect. This means that if an employee fails in an equality clause claim, they do not get a second bite of the cherry by arguing that they were nevertheless treated unfavourably. The Order came into force on 30 October 2010.

For further information or help, please contact Natalie Bell.