Whilst in most circumstances the qualifying period of one year to bring an unfair dismissal claim will be applicable, there are numerous statutory exceptions to this rule which employers should bear in mind before dismissing an employee with less than a year’s service.

INSTANCES WHERE NO QUALIFYING PERIOD IS NECESSARY

Where the reason or principle reason for the dismissal is one of the reasons set out below, an employee will be able to bring an unfair dismissal claim regardless of their length of service.

1. A trade union related reason (or where the selection for redundancy was a union related reason);

2. The assertion of a statutory right (for example, the right to be accompanied to a disciplinary hearing);

3. A health and safety related reason;

4. A maternity or parental related reason;

5. Where the employee is a pension scheme trustee, a reason connected with the performance of his functions as a trustee;

6. Where the employee is a representative or candidate to be an employee representative, a reason connected with performance of that employee as a representative or candidate representative;

7. The refusal of Sunday work by a shop worker or a betting shop worker;

8. A reason related to working time;

9. A reason connected with the assertion of rights under the National Minimum Wage Act 1998;

10. A reason connected with the making of a protected disclosure under the Employment Rights Act 1996, sub section 43a – 43l (better known as “Whistle blowing”);

11. A reason connected with trade union recognition or bargaining arrangements;

12. Where the employee exercised or sought to exercise the right to be accompanied to disciplinary or grievance hearing, or the employee accompanied or sought to accompany another worker to such a hearing;

13. For taking part in industrial action that is protected under Industrial Action legislation;

14. Where the worker has brought proceedings against the employer under the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000;

15. That the worker took, or intended to take, action to enforce or secure the benefit of a right under the Tax Credits Act 2002 or where a penalty was imposed upon the employer due to such action;

16. Where an employee is selected for redundancy for reasons which would have been automatically unfair if it had been the reason for dismissal;

17. Where the worker had carried out activities as a member of a negotiating body as an information and consultation representative;

18. Where the employee has brought proceedings or taken action in accordance with the Fixed Term of Employees (Prevention of Less Favourable Treatment) Regulations 2002.

Another exception to the qualifying period applies where the employee is dismissed on medical grounds to comply with a regulation or law regarding health and safety at work. In this instance the qualifying period is only one month.

Where no exception applies, the qualifying period is one year’s service, which is calculated from the beginning of the employee’s employment under their contract up to and including the effective date of termination. The effective date of termination is either (a) the date on which the notice period expires (where the employee is given notice), (b) the date on which termination takes effect when the employee is given no notice, or (c) the date when a fixed term contract expires without being renewed.

We hope that you have found this article informative and useful. Should you have any questions or problems our team of employment specialists would be happy to assist you.

This article is not a comprehensive guide to the law and advice should be sought on individual situations.