… To speak to a qualified employment solicitor at Springhouse Solicitors, call one of our offices, email us or use our web form…. If an individual can show that they were automatically unfairly dismissed for a reason related to whistleblowing or health and safety, a further advantage is that the usual compensation cap for unfair dismissal does not apply. If there are any circumstances which could give an employee with less than two years' service the right to make a claim (for example the making of a protected disclosure shortly before a redundancy procedure where the employee is selected) we recommend that legal advice is sought at an early stage. Trade Union activities, … 126 months. In addition, if such a reason for the dismissal can be shown then it will automatically be ruled that the employee was dismissed unfairly; there is no need to show that the employer acted unreasonably or failed to follow a fair procedure. Where an employee has made a "protected disclosure" and is dismissed because they made that disclosure, they can claim unfair dismissal irrespective of length of service. Select if you would like to receive our expert knowledge through our monthly newsletter related to your enquiry. was it one of the five fair reasons laid down in the legislation (conduct, capability, redundancy, illegality or some other substantial reason) and was this really why the employer dismissed in this case? However, if an employee can show that they have been dismissed from work for one of a number of statutory reasons, the usual time constraints do not apply. Reply Prev of 2. This enforced time period significantly reduces the number of people able to bring a claim of unfair dismissal, which is amongst the most popular claims brought in the employment tribunal. The Employment Rights Act 1996 sets out various scenarios in which an employee will be regarded as being automatically unfairly dismissed. If you are currently subscribed to receive any of our communications, please manage your preferences here. It is important to note that the reason why someone was dismissed from work must be for one of these reasons and that is not always an easy thing to demonstrate factually. Importantly there are various other types of claim which may be brought without any qualifying period. These include discrimination, deduction from wages and equal pay and should not be overlooked. However, there are some important exceptions to the so-called “two year rule” which can be extremely helpful for individuals who might otherwise have no means of redress against their ex-employer. Protection was granted to companies against claims of unfair dismissal from employees, initially for one year and then for two years. ... No one has said anything about a legal case in the replies just explained that under two years … An overview of the law relating to unfair dismissal, including what is a dismissal, who can claim unfair dismissal, potentially fair reasons for dismissal, the requirements for a dismissal to be fair (procedure and reasonableness), automatically fair and unfair dismissals, procedure in an unfair dismissal … Phunk. Unfair dismissal in Namibia is defined by the Labour Act, 2007, under which the employer has the burden of the proof that a dismissal was fair. These considerations will not apply in automatic unfair dismissal cases. The qualifying period of two years has been in force since April 2012; prior to this the qualifying period was only 12 months. No further consideration will go on to determine whether the employer acted reasonably in dismissing or the procedural fairness of the action, as this will no longer be relevant. An employee usually has the right to make an unfair dismissal claim to an employment tribunal if: they have 'employee' employment status they've worked for their employer for 2 years If they've been dismissed for an 'automatically unfair' … Below we paraphrase those which are likely to have the widest application. Many employers are aware of this. These include (but are not limited to) asserting rights under the Working Time Regulations (such as the right to statutory holiday or rest breaks), rights conferred under the Transfer of Undertaking (Protection of Employment) Regulations 2006 and asserting that an unlawful deduction from pay has been made. Although two years’ continuous employment is generally needed to be able to bring an unfair dismissal claim, if the dismissal is for one of what are called “automatically unfair… If you have been employed for less than 2 years, you can’t claim unfair dismissal. The list of potential automatic unfair dismissal reasons is long and complex. Tuesday 17th February 2015. An employee needs two years’ service in order to claim ordinary unfair dismissal, which is the most common claim leading to settlement agreements (but see below for exceptions). Discussion. Firstly looking at a fair dismissal: a dismissal can be fair for a number of reasons provided the reason fits under … Carrying out a right... With more accredited specialists than any other team in Scotland, we offer a fixed fee for meeting with you, assessing your situation, advising you... Dismissing employees with less than two years' service, Challenging suspension and withdrawal of licence, Executive dismissals and negotiated departures, EEA/EU nationals and their family members, International Relocation and International Parental Child Abduction, A guide to employment law in Scotland, England & Wales, Danger to the health and safety of any individual, The deliberate concealing of information about any of the above. Dismissal at the end of a fixed-term or specified-purpose contract may be considered unfair under the Unfair Dismissals Acts. This is wrong: the employee can claim it from day one. By providing your details and interests you agree that you wish to receive marketing communications from us in line with your preferences stated here. This enforced time period significantly reduces the number of people able to bring a claim of unfair dismissal, which is amongst the most popular claims brought in the employment tribunal. As the name suggests, once they have satisfied a tribunal that this was the case, the dismissal will automatically be deemed to be unfair. Employers are aware of this deadline and will often work to terminate an employment contact before the two year anniversary in order to reduce their litigation risk. Even where an employer can show it had potentially fair reasoning for the dismissal from work, a tribunal will then go on to consider if dismissing the employee was a fair action or not. Morton Fraser LLP is authorised and regulated by the Financial Conduct Authority. The following are the key exceptions which arise most frequently in practice and should be borne in mind: Dismissals which take place for a discriminatory reason will be actionable irrespective of length of service. With much employment legislation, the time limit is applied extremely strictly employment! Qualifying period offices, email us or use our web form… check that potential... Third party website to which this webpage refers us or use our form…! Third party website to which this webpage refers 's important that an employer a. This is wrong: the employee started their job prior to this the qualifying period of two years.. 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