In order to successfully bring an unfair dismissal claim in the employment tribunal, your continuous length of service with the employer needs to be two years or more. If an employee has not accrued this length of service then it is very difficult to bring a claim in the employment tribunal.
Having said that, there are some exceptions to this rule. These are as follows:
- Being dismissed for raising a health & safety issue in the workplace;
- Dismissals relating to pregnancy, maternity or paternity leave;
- Making a claim for discrimination. Suffering detriment in the work place due to a protected characteristic, be it race, disability, religion, sex etc;
- If an employee is dismissed for being a member of a Trade Union or if they have taken part in lawful industrial action;
- Being dismissed because you are an employee representative;
- Being dismissed for exerting a statutory right – for instance being paid the minimum wages or the right to not having to work over 48 hrs in one week;
- Making a whistleblowing claim;
- Being dismissed for exerting rights to flexible working in the workplace;
Please see our video explainer below which will give more details.
Tom Street qualified as a solicitor in 2003 and has over 20 years experience in employment and litigation law. He studied law at the University of Manchester before undertaking the legal practice course at the College of Law in Guildford, going on to complete his legal training at a firm in Chancery Lane, London. Once fully qualified, he moved to a niche litigation practice in the City of London.
In 2010, Tom set up his own legal practice, Tom Street & Co Solicitors and as part of this, in accordance with his strongly held objective to provide everyone with an easy pathway to justice he established the online portals Do I Have A Case? and Tribunal Claim. These websites are trading names of Tom Street & Co Solicitors.