I've worked here less than 2 years, can I still claim unfair dismissal?

Quick Answer

Generally not for standard unfair dismissal. But if you were dismissed for a 'day one' reason — pregnancy, whistleblowing, discrimination, trade union activity, or other protected reasons — you can claim regardless of length of service.

The two-year qualifying period for ordinary unfair dismissal under the Employment Rights Act 1996 is often seen as a significant barrier, but there are important exceptions where claims can be brought from the first day of employment.

Dismissals that are automatically unfair with no qualifying period include: dismissal connected to pregnancy or maternity leave; dismissal for making a protected disclosure (whistleblowing); dismissal for asserting a statutory right (such as minimum wage, working time rights, or itemised pay); dismissal for jury service; dismissal for trade union membership, activities, or recognition rights; dismissal for taking action on health and safety grounds; dismissal connected to the national minimum wage; and others.

Discrimination claims under the Equality Act 2010 also have no qualifying period. If your dismissal was connected to a protected characteristic (age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, or sexual orientation), you can bring a tribunal claim from day one.

Even without these protections, you may still have claims for: wrongful dismissal (breach of contract — useful if you were not given your contractual notice); failure to pay holiday; unlawful deduction from wages; or breach of the implied term of the employment contract.

Consider whether any of these apply before concluding you have no recourse. Citizens Advice or a solicitor can help you identify whether a protected reason may have played a role in your dismissal.

Relevant legislation

  • • Employment Rights Act 1996, s.94, s.108, s.99, s.103A
  • • Equality Act 2010

Get free AI legal guidance on your situation

Tell Case Buddy about your specific circumstances and get instant, plain-English guidance.

Start Free →