If you have less than 2 years’ service in the UK you have limited rights when it comes to unfair dismissal. But there are legal options and routes available if you feel you’ve been unfairly dismissed in certain circumstances. This article by Darwin Gray looks at those options and what to do.
Unfair Dismissal Rules
In the UK the Employment Rights Act 1996 generally requires you to have at least 2 years continuous service to claim unfair dismissal. But there are exceptions where you can still seek legal redress if you have less than 2 years’ service:
- Discrimination: You can claim unfair dismissal if the dismissal was because of discrimination on protected grounds.
- Whistleblowing: If you were dismissed for reporting illegal activities or safety concerns you are protected.
- Health and Safety: If you were dismissed for raising health and safety issues you are covered by the law.
- Trade Union Activities: Dismissals related to trade union activity are protected by employment law.
Legal Options and Processes
- Get Legal Advice: Speak to an employment lawyer or advisor to assess your situation and understand your rights and options. They can help you determine if your case falls under the exceptions and guide you through the process.
- Raise a Grievance: If appropriate raise a formal grievance with your employer. This may involve writing to your employer or appealing the dismissal decision.
- Early Conciliation: Go through Early Conciliation with ACAS. This mandatory process helps resolve disputes without going to tribunal and can lead to a settlement or agreement.
- Employment Tribunal Claim: If Early Conciliation doesn’t resolve the issue you can file a claim with the Employment Tribunal. Make sure you do this within the time limit, usually 3 months from the date of dismissal.
- Prepare for Tribunal: Gather all relevant documents and evidence, including witness statements and correspondence about your dismissal. Prepare to present your case.
Common Issues
- Proving the Claim: You have to prove the dismissal was unfair or unlawful under the exceptions.
- Time Limits: Claims must be made within 3 months of the dismissal so time is of the essence.
Conclusion
If you have less than 2 years’ service you have limited rights to claim unfair dismissal but there are still options available. Know your rights, get professional advice and follow the process and you can address unfair dismissal and get redress.
