Unfair dismissal qualifying service

The right to claim for unfair dismissal generally is dependant upon the employee having the requisite period of continuous service

For those employed before 6 April 2012 one year’s continuous service is generally necessary to bring an unfair dismissal claim and two years for those employed on or after 6 April 2012. However, s.108 of the Employment Rights Act 1996 contains a list of reasons for dismissal where the qualifying service requirement is dispensed with.  These include, among other things, dismissal as a result of having made a protected disclosure, trade union membership, maternity and asserting a statutory right.  The Enterprise and Regulatory Reform Act 2013 now adds dismissals relating to ‘the employee’s political opinions or affiliations’ to the list.