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Written Question
Cabinet Office: Unfair Dismissal
Wednesday 29th January 2025

Asked by: Alison Griffiths (Conservative - Bognor Regis and Littlehampton)

Question to the Cabinet Office:

To ask the Minister for the Cabinet Office, whether his Department offers protection to staff from unfair dismissal from their first working day.

Answered by Georgia Gould - Parliamentary Secretary (Cabinet Office)

Unfair dismissal in the UK is governed by the Employment Rights Act 1996 and other legislation, which stipulates that you must have worked for your employer for a minimum period before you qualify for the right to claim unfair dismissal at a tribunal.

An employee usually has the right to make an unfair dismissal claim to an employment tribunal if they: a) are legally classed as an employee and b) have worked for their employer for 2 years.

In line with legislation, permanent Cabinet Office employees and those on fixed term appointments with over 2 years’ service have unfair dismissal rights, provided they have been recruited through Fair and Open Competition in accordance with the Recruitment Principles.

As with any changes to employment legislation, internal policies and processes will be updated as appropriate in line with the Government’s legislation on employment rights.