It is important to note that the reason why someone was dismissed from work must be for one of these reasons and that is not always an easy thing to demonstrate factually. Employers are aware of this deadline and will often work to terminate an employment contact before the two year anniversary in order to reduce their litigation risk. That’s because employees only gain statutory protection … Making a claim of automatic unfair dismissal can be a good approach for an individual to take, not just because it gets around the two year rule, but also because it can be a simpler claim to prove to an employment tribunal than a claim for ordinary unfair dismissal. At Morton Fraser Lawyers we have highlighted clarity as our guiding principle. 2 Next Reply Author. Importantly there are various other types of claim which may be brought without any qualifying period. Therefore they cannot bring a claim in the Employment Tribunal for unfair dismissal. Exceptions to the 2-year continuous employment, are where the dismissal is for one of the following reasons: 1. However, if an employee can show that they have been dismissed from work for one of a number of statutory reasons, the usual time constraints do not apply. To speak to a qualified employment solicitor at Springhouse Solicitors, call one of our offices, email us or use our web form…. Where the dismissal is automatically unfair, two years’ service is not normally required. A dismissal is when an employer ends an employee's contract. If employers do have contractual dismissal processes then it is worthwhile considering making it non-contractual or adding a section to the effect that the rules will not apply during the first two years of employment in order to avoid this risk. This makes it significantly easier for an individual to win the case against their ex-employer. It is a common misconception amongst employers that dismissing an employee who does not have two years of service will mean that they are "safe" from an employment tribunal claim. Even where an employer can show it had potentially fair reasoning for the dismissal from work, a tribunal will then go on to consider if dismissing the employee was a fair action or not. An unfair dismissal… Protection was granted to companies against claims of unfair dismissal from employees, initially for one year and then for two years. In 2012, the … … This involves an assessment of whether the employer acted reasonably, including whether or not it followed a fair procedure when carrying out the dismissal. Morton Fraser LLP is authorised and regulated by the Financial Conduct Authority. ... No one has said anything about a legal case in the replies just explained that under two years … A dismissal which purports to be for redundancy reasons can be challenged on two bases. However, the employer can prevent this by meeting these 3 conditions: The … Furthermore, in normal unfair dismissal cases, the Tribunal needs to consider if the motive was fair, and then go on to consider whether, in all the circumstances, the action was fair. We found that our clients can have contrasting assumptions or attitudes about dismissing an employee … Unfair dismissal but employed under 2 years? An employee needs 2 years’ service to claim unfair dismissal. These include (but are not limited to) asserting rights under the Working Time Regulations (such as the right to statutory holiday or rest breaks), rights conferred under the Transfer of Undertaking (Protection of Employment) Regulations 2006 and asserting that an unlawful deduction from pay has been made. Tuesday 17th February 2015. However, you may be able to show that the reason you had so much time off sick was that you have a … My … You can unsubscribe at any time from all marketing communications by emailing us. These include discrimination, deduction from wages and equal pay and should not be overlooked. Select if you would like to receive our expert knowledge through our monthly newsletter related to your enquiry. There is no qualifying service requirement in order to bring a claim of breach of contract. 13 replies 3.1K views Legacy_user. You can access the PDF version at the link below, or if you would like a free hard copy, please email employment@morton-fraser.com with your name and address. 22 March 2017 at 10:12PM edited 30 November -1 at 12:00AM in Employment, Jobseeking & Training. JavaScript is disabled in your web browser. Is our two-minute blast on dismissing staff with short service, or under two years employment. Of unfair dismissal under 2 years trade union or partaking in trade union activities, … here is our blast. By email and may occasionally be sent by email and may occasionally be sent by.! 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