Being dismissed with under two years’ service does not automatically mean you have no rights. Although ordinary unfair dismissal normally requires a qualifying period, other claims may be available depending on why you were dismissed and whether your employer honoured your contract.
This guide explains the main issues to check, the evidence to preserve and the practical steps to consider. It focuses on England and Wales. Your employment status, dismissal date and individual circumstances matter.
For an official overview, read GOV.UK guidance on dismissal rights.
Key Takeaways
- Short service does not rule out every employment claim.
- Certain automatically unfair dismissal claims and discrimination claims do not require two years’ service.
- Notice pay, outstanding wages and holiday pay should be checked separately.
- Preserve your documents and check your deadline promptly.
- An internal appeal or grievance does not stop the tribunal time limit.
What Does the Qualifying Period Mean?
The qualifying period concerns your continuous employment, rather than simply the time spent actively working. Relevant dates include when employment began, when notice was given and when employment ended.
Absences, changes of contract and transfers between employers can affect the calculation. Do not assume that a gap automatically breaks continuity or that a change of employer always restarts your service.
If you are close to the qualifying threshold, obtain advice about your effective termination date and any relevant notice entitlement before deciding that an ordinary unfair dismissal claim is unavailable.
As at November 2026, ordinary unfair dismissal generally requires two years’ service. Acas describes a planned reduction to six months in January 2027. Check the rules applicable to your dismissal date rather than assuming a future change already applies.
Unfair Dismissal Under Two Years: Possible Exceptions
The real reason for dismissal matters. Certain protected reasons can remove the usual service requirement. However, the relevant legal conditions still need to be satisfied: simply describing a dismissal as unfair is not enough.
Read the Acas guidance on automatically unfair dismissal and GOV.UK guidance on eligibility to claim unfair dismissal.
If the reason on your dismissal letter differs from what managers said or did, record that difference and preserve the supporting evidence.
Discrimination
A dismissal connected with unlawful discrimination may give rise to a separate claim. Keep relevant communications, records of requests for support and evidence of how comparable situations were handled.
Discrimination and unfair dismissal are distinct legal claims. Eligibility for one does not automatically establish the other.
Whistleblowing and Other Protected Activities
Where you believe dismissal followed a protected disclosure or another legally protected activity, seek advice about the specific protection involved. Not every workplace complaint qualifies as whistleblowing.
Keep a clear record of what you raised, when, to whom and what happened afterwards. Distinguish factual evidence from your interpretation of events.
Wrongful Dismissal, Notice Pay and Final Payments
Wrongful dismissal concerns a breach of contract, commonly involving notice or notice pay. It is different from the statutory question of whether a dismissal was fair.
Check your contract, any applicable notice entitlement and your final payslip. Other outstanding sums, such as wages or accrued holiday pay, may involve separate claims and calculations.
A failure to pay notice does not automatically establish a claim in every case. The employer’s grounds for dismissing without notice and your contractual terms must also be considered.
What If You Are Considering Resigning?
Resignation in response to an employer’s conduct can raise different issues from being dismissed directly. The seriousness of the alleged breach, your response and the timing can all matter.
Do not resign on the assumption that doing so guarantees a constructive dismissal claim. Obtain advice before taking that step, particularly if you have short service.
What Evidence Should You Gather?
- Your contract, written particulars and probation terms.
- Relevant handbook provisions and workplace procedures.
- Your dismissal letter, notice and appeal correspondence.
- Payslips, your P45 and records of outstanding payments.
- Relevant meeting notes, emails and messages.
- A dated chronology identifying key events and potential witnesses.
Preserve evidence lawfully. Do not access systems without permission or take unrelated confidential information. Keep original documents and distinguish what you personally observed from what someone else told you.
What Are Your Next Steps?
- Check the dismissal decision. Identify the stated reason, termination date and any appeal deadline.
- Preserve your evidence. Put the relevant documents and chronology together.
- Consider an internal appeal. Explain clearly what you dispute and what outcome you seek.
- Check the appropriate legal route. Different claims have different requirements.
- Check Acas notification requirements promptly. Read about Acas Early Conciliation. Do not wait for an internal process to finish if a legal deadline is approaching.
- Assess practical options. These may include negotiation, conciliation or a claim, depending on the circumstances.
Employment Tribunal Time Limits
Acas states that, for most claims, problems arising before 1 October 2026 generally have a three-month-minus-one-day limit; problems arising on or after that date generally have a six-month-minus-one-day limit. The relevant starting date and claim type must be checked.
Internal procedures do not extend the limit. Timely Acas notification can pause it. Certain interim relief applications have a seven-day deadline, so urgent advice may be needed.
Read the current Acas guidance on tribunal time limits. Do not rely on a general guide to calculate your individual deadline.
GOV.UK also explains how to make a claim to an employment tribunal.
What Remedies Might Be Available?
The possible remedy depends on the claim, the evidence and the outcome. Notice pay, outstanding contractual payments, unfair dismissal compensation and discrimination compensation are not interchangeable.
Compensation is not guaranteed. Relevant limits, deductions and the obligation to take reasonable steps to reduce financial loss may affect an award. Check the rules and any statutory figures applicable to your case rather than relying on an old maximum.
Keep records of job applications, replacement earnings and other relevant losses. Settlement can also be considered, but the terms and legal effect should be understood before anything is signed.
Get Support With Your Next Steps
If you are unsure where you stand after dismissal, Zain Legal & Co can discuss the support available, the documents needed and the scope of any agreed work. Any fees and the extent of assistance should be confirmed before work begins.
Contact Zain Legal & Co or call 0121 817 0033 to discuss your enquiry.
Frequently Asked Questions
Can We Settle Instead of Going to Tribunal?
A negotiated resolution may be possible. Whether settlement is suitable depends on the issues, the evidence and the terms offered. Discussions should not distract you from checking any claim deadline.
Does a TUPE Transfer Affect My Qualifying Period?
A relevant transfer may preserve earlier service. Check the transfer documents and employment history rather than assuming your start date with the new employer is the only date that matters. Read GOV.UK guidance on business transfers and TUPE.
Do I Have to Use a Solicitor?
You can represent yourself at an employment tribunal. If you want assistance, check the provider’s role, experience, fees and the precise scope of support before instructing them.
General information, not advice on an individual case. Employment law changes over time. Check current requirements and seek advice promptly where a deadline may apply.
