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 is a solicitor with 13 years qualification, specialising in employment and dispute resolution. Having trained in Chancery Lane, London, Tom developed a keen interest in contentious law representing many clients in the Royal Courts of Justice and at Employment Tribunals throughout the South East. After spending 3 years working for a niche commercial litigation and insolvency firm in the city, Tom moved to the South West and set up his own firm in 2010. Tom’s refreshingly straightforward approach to contentious employment and dispute resolution sets him apart from the field. Tom passionately champions access to justice for individuals and businesses who may not otherwise have the resources to access the courts and tribunals system.