Dismissing Staff with Less than Two Years of Service

Until an employee has two years’ service (the qualifying period), he/she is not protected by unfair dismissal protection. However, the employee may be protected if they have an automatically unfair reason (see below),

Automatically Unfair Reasons
These include dismissals for reasons connected to:

  • pregnancy or childbirth,
  • health and safety activities,
  • whistleblowing, or
  • asserting a statutory right under the Employment Rights Act 1996.

Without unfair dismissal protection, an employee may be terminated immediately and without a fair process, as long as he/she is provided the appropriate notice (paid in lieu or asked to work it).

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