Unfair dismissal rights - under a year's service

Normally an employee has to have 1 year's continuous employment with an employer to bring a claim for Unfair Dismissal.

The exceptions to this are:

1. If the dismissal is connected to the employee's Trade Union activities, carried out at an appropriate time, (this is usually out of work hours or during work with the employer's permission. This does not include strikes or working to rule).
2. The employee is dismissed for belonging to a Trade Union.
3. The employee is dismissed for refusing to join a Trade Union.
4. Dismissal was connected with the employee's pregnancy and maternity rights.
5. Dismissal of shop workers or those who work in the betting industry who object to working on Sundays.
6. Dismissal relating to a worker asserting their rights under employment laws.
7. Dismissal of an employee observing health & safety rules.
8. Dismissal of a worker elected as a representative for collective redundancy or transfer consultation purposes.
9. Dismissal of an employee for making a protected disclosure - "whistle-blowers".

In calculating a year’s service, the contractual period of notice due to the employee will normally be added to accrued continuous service unless payment can be contractually paid in lieu of notice.

Useful external links:

• Business Link
• Directgov

Reviewed and updated by the HR Services Partnership – April 2010.

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