Dismissing An Employee With Less Than 2 Years Service Within Great Britain
In this latest article, we are going to be discussing the topic of dismissing an employee with less than two years’ service within Great Britain (there are separate rules in Northern Ireland).
Although the qualifying length of service for an employee to bring about an unfair dismissal claim is two years, employers should still be careful when dismissing an employee with under two years’ service, as other claims may still be brought to a tribunal. These include discrimination claims and wrongful dismissal claims.
As an employer, you should consider any trending patterns of repeat dismissals as this may invite poor publicity for the company that could tarnish your local or national reputation.
The general rule is to treat your employees fairly and equally regardless of age, race, disability or any other protected characteristics.
Some reasons for dismissal are automatically flagged as unfair and give the employee a case to claim against the dismissal regardless of length of service. Automatically unfair reasons may include;
- Any dismissal that is discriminatory
- Any dismissal that is a result of an employee taking action as a result of not being paid the minimum wage in accordance with latest regulations
- Any dismissal that is a result of an employee making a Health and Safety disclosure
- Any dismissal that is a result of an employee undertaking any protected act