Can you claim unfair dismissal with less than two years’ service?
If your employer has dismissed you before you have completed two years of employment, you may be wondering whether you can challenge the decision.
Under the current employment law rules in England and Wales, employees generally need two years of continuous service to bring an ordinary unfair dismissal claim. However, this does not mean that an employer can dismiss you for any reason without legal consequences.
There are important exceptions to the two-year rule. Certain dismissals are automatically unfair, regardless of how long you have worked for your employer. You may also be able to bring a claim for discrimination, wrongful dismissal or unpaid employment entitlements.
The Employment Rights Act 2025 is also introducing significant changes. From 1 January 2027, the qualifying period for ordinary unfair dismissal claims will reduce from two years to six months. This change will apply to dismissals taking effect on or after that date.
Until then, the two-year qualifying period generally continues to apply.
Understanding the reason for your dismissal and the circumstances surrounding it is essential when determining whether you have grounds to bring a claim.
What are the exceptions to the two-year unfair dismissal rule?
Although most ordinary unfair dismissal claims require two years of continuous employment, certain dismissals are classed as automatically unfair and do not require the usual qualifying period.
One example is dismissal connected to pregnancy or maternity. If an employee is dismissed because they are pregnant, have taken maternity leave or have exercised certain protected family-related employment rights, they may be entitled to bring an automatically unfair dismissal claim regardless of their length of service.
Employees are also protected against dismissal for making a legally protected whistleblowing disclosure. This may arise where an employee reports suspected wrongdoing, such as a breach of a legal obligation or a danger to health and safety, and the disclosure meets the relevant statutory requirements.
Health and safety protections may also apply where an employee is dismissed for taking certain legally protected actions concerning workplace safety. Similarly, dismissal because of trade union membership or participation in protected trade union activities may be automatically unfair.
Employees may also be protected where they are dismissed for asserting certain statutory employment rights, such as seeking payment of the National Minimum Wage.
For example, if you raised a qualifying health and safety concern and were subsequently dismissed because of that protected action, you may have grounds to bring an automatically unfair dismissal claim, even if you had only worked for your employer for a few months.
However, the circumstances must satisfy the relevant legal requirements. Not every workplace complaint, disagreement or allegation of unfair treatment will qualify for protection against automatically unfair dismissal.
What are the exceptions to the two-year unfair dismissal rule?
Although most ordinary unfair dismissal claims require two years of continuous employment, certain dismissals are classed as automatically unfair and do not require the usual qualifying period.
One example is dismissal connected to pregnancy or maternity. If an employee is dismissed because they are pregnant, have taken maternity leave or have exercised certain protected family-related employment rights, they may be entitled to bring an automatically unfair dismissal claim regardless of their length of service.
Employees are also protected against dismissal for making a legally protected whistleblowing disclosure. This may arise where an employee reports suspected wrongdoing, such as a breach of a legal obligation or a danger to health and safety, and the disclosure meets the relevant statutory requirements.
Health and safety protections may also apply where an employee is dismissed for taking certain legally protected actions concerning workplace safety. Similarly, dismissal because of trade union membership or participation in protected trade union activities may be automatically unfair.
Employees may also be protected where they are dismissed for asserting certain statutory employment rights, such as seeking payment of the National Minimum Wage.
For example, if you raised a qualifying health and safety concern and were subsequently dismissed because of that protected action, you may have grounds to bring an automatically unfair dismissal claim, even if you had only worked for your employer for a few months.
However, the circumstances must satisfy the relevant legal requirements. Not every workplace complaint, disagreement or allegation of unfair treatment will qualify for protection against automatically unfair dismissal.
Can you claim discrimination if you have less than two years’ service?
Yes. Protection against unlawful discrimination applies from the beginning of employment and is not subject to the ordinary two-year qualifying period.
Under the Equality Act 2010, employers must not unlawfully discriminate against employees because of protected characteristics. These include age, disability, race, religion or belief, sex, sexual orientation, pregnancy and maternity, marriage and civil partnership, and gender reassignment.
If your employer dismisses you because of a protected characteristic, you may have grounds to bring an employment discrimination claim regardless of how long you have worked there.
For example, if an employee is dismissed because of their disability or pregnancy, the dismissal may amount to unlawful discrimination. The employee would not need to establish two years of continuous employment to pursue that claim.
It is important to understand that discrimination and unfair dismissal are separate legal claims, although both may arise from the same circumstances.
Where an employee believes discrimination played a part in their dismissal, the employer’s stated reason for termination and the surrounding evidence should be carefully examined.
Can your employer dismiss you without warning during your first two years?
In many circumstances, an employer can dismiss an employee with less than two years’ service without following the same procedures that would ordinarily be required to defend an ordinary unfair dismissal claim.
However, this does not mean an employer can ignore an employee’s legal rights or contractual entitlements.
Even where an employee cannot bring an ordinary unfair dismissal claim, they may still be entitled to notice, outstanding wages, accrued but untaken holiday pay and other payments or benefits owed under their employment contract.
Employees who have worked continuously for at least one month are generally entitled to a minimum of one week’s statutory notice during their first two years of employment. Their contract may provide for a longer notice period, in which case the contractual entitlement will usually apply.
An employer may be entitled to dismiss an employee without notice where the employee has committed gross misconduct. However, the circumstances must justify dismissal without notice. An employer cannot avoid its notice obligations simply by describing an employee’s conduct as gross misconduct.
If your employer dismisses you without providing the notice or payment you are legally entitled to, you may have grounds to bring a wrongful dismissal claim.
Unlike ordinary unfair dismissal, wrongful dismissal does not require two years of continuous employment. It is concerned with whether the employer has breached the employment contract, particularly in relation to notice.
What if you are dismissed just before completing two years’ service?
If you are dismissed shortly before reaching two years of continuous employment, you should not automatically assume that you are unable to claim unfair dismissal.
The calculation of continuous employment can be more complicated than simply looking at your final working day.
In certain circumstances, the statutory minimum notice period may be taken into account when determining whether an employee has completed the qualifying period for ordinary unfair dismissal.
For example, if an employer dismisses an employee without providing the statutory minimum notice to which they are entitled, the law may extend the date used to calculate their qualifying service. Depending on the employment dates, this could mean that an employee who appears to have been dismissed shortly before completing two years may nevertheless satisfy the qualifying period.
The effect of any statutory notice extension depends on the circumstances and the reason for dismissal. It does not apply in every case.
Certain breaks in employment or earlier periods of continuous service may also affect the calculation.
If you were dismissed shortly before your second anniversary, it is important to have your employment dates, notice entitlement and the circumstances of your dismissal reviewed before concluding that you cannot bring a claim.
What should you do if you believe you have been unfairly dismissed?
If you believe your dismissal was unfair or unlawful, it is important to establish the reason for your dismissal and understand which legal protections may apply.
You can begin by asking your employer to explain why your employment was terminated. Employers are not always legally required to provide written reasons for dismissal where an employee has less than two years’ service, although exceptions apply. Nevertheless, requesting an explanation may help clarify the circumstances.
You should also review your employment contract to establish your notice entitlement, any contractual dismissal procedures and the payments or benefits due when your employment ends.
Keeping relevant evidence is particularly important if you believe the dismissal was connected to discrimination, whistleblowing, health and safety concerns or the exercise of a statutory employment right. Dismissal correspondence, emails, messages and other relevant documents may help establish what happened and why.
It is also sensible to check your final pay to ensure that your employer has paid any outstanding wages, accrued holiday pay, notice pay and other contractual entitlements.
Where you suspect that your dismissal involved an automatically unfair reason or unlawful discrimination, obtaining employment law advice can help establish whether you have grounds to challenge the decision.
How long do you have to bring an Employment Tribunal claim?
Employment Tribunal claims are subject to strict time limits, so it is important to act promptly.
For most unfair dismissal and employment discrimination claims arising on or after 1 October 2026, the usual time limit is six months less one day from the relevant dismissal date or discriminatory act.
Claims arising before that date may remain subject to the previous three-month time limit, depending on the applicable transitional provisions.
The date from which the time limit runs will depend on the type of claim. For unfair dismissal, it will generally be calculated from the effective date of termination. For discrimination, it will generally be calculated from the relevant discriminatory act, although different rules may apply to continuing conduct.
Before presenting most Employment Tribunal claims, you will usually need to notify Acas and consider Early Conciliation. The Early Conciliation process can affect how the tribunal deadline is calculated.
Raising an internal appeal or grievance does not automatically extend the time available to bring a claim. You should therefore avoid waiting for an employer’s internal process to conclude before checking the applicable deadline.
Can Pre-Law help if you have been dismissed with less than two years’ service?
Being dismissed before completing two years of employment does not necessarily mean you have no legal protection.
Whether you can challenge your dismissal will depend on the reason for termination, your employment status, your contractual rights and the circumstances surrounding your employer’s decision.
At Pre-Law, we provide specialist employment law advice to individuals facing dismissal and workplace disputes.
We can review your circumstances, assess whether your employment rights may have been breached and advise you on the options available. This may include considering whether you have grounds to bring an automatically unfair dismissal claim, a discrimination claim or a claim relating to your contractual entitlements.
If you have been dismissed with less than two years’ service, contact Pre-Law to discuss your situation and understand your legal position.
