Dismissed With Less Than Two Years’ Service: What Are Your Rights?

February 25, 2026February 14, 2026 by Tom Street

Calendar showing the two-year qualifying period for unfair dismissal claims

🔄 Updated for 2025/26 • Last reviewed: 25 February 2026 Written and reviewed by: Tom Street, Solicitor Principal, Tom Street & Co. Solicitors (SRA No. 566718) Last updated: 25 February 2026 ⏱️ 10 minute read Quick Summary If you’ve been dismissed with less than two years’ service, you generally can’t claim ordinary unfair dismissal. But that doesn’t mean you have zero rights. Claims for discrimination, whistleblowing, automatically unfair dismissal and …

What is a Fair Redundancy Trial Period?

May 20, 2019March 12, 2019 by

Employment law supports employee rights; ranging from employment contracts and trial periods, to redundancies and even to claiming unfair and wrongful dismissals. It is set up to guide employees and employers alike. It is key when navigating the complex and emotional time of redundancy. The redundancy notice period A redundancy period is the period given to an employee between the notice of redundancy and the last working day. The redundancy …

Unfair Dismissal at Workplace in United Kingdom – Infographic

May 22, 2019March 4, 2019 by

Unfair dismissal is when your employment contract is terminated, and your employer did not have a fair reason to do so. Alternatively, if your employer did have a fair reason, but handled your dismissal using incorrect procedure, is also considered unfair dismissal. Employment Rights Act 1996 According to the Employment Rights Act 1996, an employer can’t dismiss employees without any fair reason. Automatic Unfair Dismissal If the reason for the …

Employee who failed drugs test wins case against unfair dismissal

June 14, 2019March 1, 2019 by

Employment in sectors that involve driving, using machinery or require safety-critical operations sometimes means the alcohol and drug testing are undertaken to ensure that employees are working safely. This can either be ‘random’ testing, which involves choosing a number of employees on a regular basis for testing. Whilst others adopt ‘for cause’ testing, which occurs when an organisation asks an employee to undergo a test if they have reason to …

Long Term Medical Sickness and Dismissal from Work

April 22, 2019November 13, 2018 by

Can you be sacked due to long term sickness from work? We all believe that a sick employee’s job has to be kept open indefinitely by an employer. But this is far from truth. While it is mandatory to follow a fair procedure to manage a long term absence from work your employer has to show that the dismissal was fair and justified. What does the Equality Act say? After …

Claiming Unfair Dismissal if Dismissed for Gross Misconduct just Shy of the Qualifying Period

April 22, 2019October 25, 2018 by

In most cases, employees can file a claim for unfair dismissal against their employer only after completing minimum two years of service. Previously the claiming period was one year, however it was extended to two years in 2012. This gives the employers some flexibility when it comes to managing and dismissing staff with less than two years of service. Therefore, it is important for employees to be mindful of the …

How to Write an Unfair Dismissal Appeal Letter

August 2, 2023May 28, 2018 by

In the United Kingdom, the ACAS Code of Practice declares that providing every individual with an equal opportunity to appeal against a disciplinary decision is necessary to “natural justice“. Whether you are an employer or employee, therefore, understanding the appeal process will present you in a good light in front of the tribunal. One of the most essential aspects of the process is to know how to write an appeal …

What Compensation could a Claimant Receive for Unfair Dismissal?

June 28, 2019April 28, 2018 by

Last updated: 28th June 2019 Each year, the employment tribunal compensation amount increases, to account for inflation. Therefore, these compensation limits and minimum statutory pay amounts will further increase from 6th April 2018. In addition, this compensation is payable under the Employment Rights (Increase of Limits). Having said this, these new rates will be effective in accordance with the appropriate date for the cause of action. For example, if the …

What is the Youngest Age that you can bring a Claim for Unfair Dismissal?

April 22, 2019April 18, 2018 by

Under UK employment law, there are four types of dismissals – fair dismissal, unfair dismissal, constructive dismissal and wrongful dismissal. Having said this, both Employment Equality (Age) Regulations 2006 and Equality Act 2010 introduced some major changes to the law, especially relating to unfair dismissal. While the regulations proposed to remove the age restrictions applicable to such claims, it also introduced a new ‘retirement’ dismissal process and reason along with …

The European Court of Justice rules unlimited back pay for unpaid holiday

June 9, 2021December 4, 2017 by

Employees and workers are entitled to paid holiday but the self-employed are not. If you are self-employed you are expected to charge the organisations that you work for an hourly or daily rate. This will allow you to cover your expenses, pay tax and National Insurance and take time off. Sometimes people are incorrectly labelled self-employed when they are not and have been denied holiday pay which they should have …