Unfair dismissal Claims

Even if you have been with your employer for under two years, depending the circumstances, you may still be able to claim unfair dismissal, Some dismissals are “automatically unfair” irrespective of length of service. Others may be fair depending on whether your employer dismissed you for a potentially fair reason and acted reasonably in so doing.

The question, in that case, is not whether an employment tribunal would have dismissed for that reason, but whether the decision to dismiss was within “a range of reasonable responses”. Speak to one of our expert lawyers to find out whether you have reasonable grounds to pursue a claim.

Automatically Unfair Reasons for Dismissal – 2 years’ service rule doesn’t apply

• pregnancy, including all reasons relating to maternity
• family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants – whether because you’ve taken this leave or asserted the statutory right to do so
• acting as an employee representative
• acting as a trade union representative
• acting as an occupational pension scheme trustee
• joining or not joining a trade union
• being a part-time or fixed-term employee
• asserting your rights in relation to pay and working hours, including the Working Time Regulations, annual leave and the National Minimum Wage
• whistleblowing