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Unfair dismissal qualifying period applies to dismissal pursuant to political neutrality clause (Scottish Federation of Housing Associations v Jones)

Published on: 29 July 2022
Published by: LexisPSL
  • Unfair dismissal qualifying period applies to dismissal pursuant to political neutrality clause (Scottish Federation of Housing Associations v Jones)
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Background law
  • Background facts
  • The decision of the employment tribunal
  • What did the EAT decide?
  • Case details

Article summary

Employment analysis: The exception from the two year qualifying period for claims of unfair dismissal in section 108(4) of the Employment Rights Act 1996 (ERA 1996) was designed to address the mischief of dismissals arising from the content of a person’s political opinions or the identity of the party with which the person is affiliated. It does not deal with the dismissal of employees who are dismissed because they lack neutrality or who propose to act in a way that threatens their political neutrality. Therefore a requirement to appear to be politically neutral is not a requirement that relates to someone’s political opinions or affiliations for the purposes of section 108(4), according to the EAT. or take a trial to read the full analysis.

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