What are the exceptions to the 1 year rule under Unfair Dismissal ?

Normally an employee has to have 1 year's continuous employment with an employer to bring a claim for Unfair Dismissal.

The exceptions to this are:

a) If the dismissal is connected to the employee's Trade Union activities, carried out at an appropriate time, (This is usually out of work hours or during work with the employer's permission. This does not include strikes or working to rule).

b) The employee is dismissed for belonging to a Trade Union.

c) The employee is dismissed for refusing to join a Trade Union.

d) Dismissal was connected with the employee's pregnancy and maternity rights.

e) Dismissal of shop workers or those who work in the betting industry who object to working on Sundays.

f) Dismissal relating to a worker asserting their rights under employment laws.

g) Dismissal of an employee observing health & safety rules.

h) Dismissal of a worker elected as a representative for collective redundancy or transfer consultation purposes.

i) Dismissal of an employee for making a protected disclosure - "whistle-blowers".

Also if an employee is dismissed just before the 1 year period, for example 1 week before, an Employment Tribunal can add on the minimum notice period that the employee is entitled to (1 week) to give the employee the necessary 1 year.

This is done because Employment Tribunals realise that some employer's try to dismiss employees just before they qualify or threaten to do so to gain an advantage in for example pay talks.

This extension will not be given if an employee is dismissed for a serious reason, for example theft.

Is there a time limit for bringing an Unfair Dismissal Claim ?

Return to Questions

Search for more free legal information