The two year-rule for unfair dismissal
Job loss is one of the five major stressors in life, and it is all the more upsetting if yours was an unfair dismissal.
There could be ‘fair’ reasons for dismissal in the UK, such as:
- The employee could not do the work he was hired to do or does not have the correct qualifications.
- The dismissal was because of employee conduct. Perhaps the employee was dishonest, stayed away from the job or did not follow instructions.
- If the continuation of employment violates a statute. For example, the employee must drive, but his driver’s licence was suspended.
- The person’s job is truly redundant.
- Any other substantial reason, such as a personality clash with a superior or the unwillingness to accept changes to your terms and conditions.
The onus rests on the employer to show that they have acted reasonably.
If you think your dismissal was unfair, you must first know that you must have worked continuously for two years in a company before you can make a claim to the UK Employment Tribunal and bring an unfair dismissal claim against an employer. If you were dismissed and it was in contravention of your employment terms, you could still have a case against your employer.
However, it is possible to claim unfair dismissal without two years’ service if your dismissal was automatically unfair. For example, dismissals for health and safety reasons or related to the National minimum wage are automatically unfair.
Here are a few more unfair dismissal examples:
- You’ve asked for more flexible working hours.
- You joined a trade union.
- You were on maternity, paternity, or adoption leave.
- You’ve exposed wrongdoing in the workplace (whistleblowing).
- You were discriminated against.
Speak to us if you think you’ve been mistreated. An employer can only terminate your employment under particular conditions. Even so, there should have been a sufficient investigation, evidence, and warnings. The experienced employment solicitors at Robertsons Solicitors can help.