Exceptions for Unfair Dismissal - Length of service not required

Exceptions to the 2-year continuous employment, are where the dismissal is for one of the following reasons:

1. 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, which are breaches of your contract).

2. Belonging to a trade union.

3. Refusing to join a trade union.

4. Where selection for redundancy was connected with a trade union issue.

5. Where dismissal is linked to pregnancy and maternity rights.

6. Shop or betting industry workers who object to working on Sundays.

7. Where an employee is dismissed due to Sex, Race, Age or Disability Discrimination. An employee should bring a claim for discrimination, not Unfair Dismissal. If successful they are likely to receive more compensation.

8. Dismissal relating to an employee asserting their rights under employment laws.

9. Dismissal of an employee observing health & safety rules.

10. Where an employee is dismissed for acting as an employee representative or person was a candidate to become an employee representative.

11. Dismissal relating to an employee asserting their rights under the Employment Relations Act 1999, section 10, the right to be accompanied to a disciplinary or grievance hearing.

12. Dismissal related to an employee acting as a pension scheme trustee.

13. Dismissal relating to the Working Time Regulations.

14. Dismissal relating to an employee asserting their rights under the National Minimum Wage Act 1998.

15. Dismissal relating to an employee participating in protected industrial action.

16. Dismissal relating to an employee asserting their rights under the Tax Credits Act 1999.

17. Dismissal relating to an employee asserting their rights under the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

18. The selection of an employee for redundancy based upon a reason which would have been automatically unfair if the same reason was used to dismiss the worker.

19. Dismissal based on "whistleblowing", where disclosure is made in the public interest.
 
Also if an employee is dismissed just before the two-year period, for example, one 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 two years.
 
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.
 

End of Employment - Effective Date of Termination for Unfair Dismissal

Employment Law

 

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