The Government has increased, from one year to two, the qualifying period of time for unfair dismissal claims. However, this could have unforeseen consequences a lawyer has warned.

The law could be seen to be unfair to women and challenged on grounds of discrimination, employment expert, Jonathan Exten-Wright, a partner at DLA Piper, stated.

He claimed that because of caring for children, women are more likely to drop in and out of the employment market. Thus, a two-year qualifying period would have a detrimental effect on their career potential and justifiably be construed as sex discrimination.

Exten-Wright had an established precedent for this argument in the case of Seymour-Smith v Secretary of State for Employment in 1999/2000. He claimed the law successfully contested the existing qualifying period for unfair dismissal, which had been increased from one year to two years in the 1980s.

Indirect discrimination against women was held to be the key factor for the case combating the unfair dismissal act. The ECJ had concluded that the number of women able to comply with the two-year rule was proportionately much smaller than the number of men who could act in accordance with this demand. In addition, where the greater differentiation in ability to acquiesce could be shown to be lengthened, a ‘lesser’ proportion would be sufficient.

Eventually in 1999, the qualifying period for unfair dismissal was reduced to a one -year period, even though the House of Lords had found the perceived discrimination to be justifiable.

Another ‘Seymour-Smith’ debate could be raised again if the qualifying period should be increased again, warned Exten-Wright.

Employers can keep themselves up to date with employment relations developments with a CIPD-accredited qualification; courses are taught on a fast-track basis by Workplace Law Training offering a combination of classroom and internet-based self-study – click CIPD Distance Learning for more information.

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