Employment Rights – The 2 Year Rule


Jaimie Whiteley, Solicitor Advocate gives a run down on dismissing staff before they reach the statutory protection for unfair dismissal timescale of 2 years.

Although you can dismiss a member of staff without going through the correct disciplinary or dismissal procedures we would strongly suggest you exercise caution and go through these procedures. Even though the employee won’t have the statutory protection for the unfair dismissal they could still bring a claim for unfair dismissal. There are claims employees can bring even without the 2 years service such as

  • Pregnancy
  • Raising H&S concerns
  • Discrimination
  • Gender
  • Breach of contract

In conclusion, although you don’t have to follow the correct procedures before the 2 years service, we would suggest you approach this cautiously and use best practice by following the procedures to protect your business from an employment tribunal claim.


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