Employment FAQ: Question 1

I think I have been unfairly dismissed but have heard I can’t claim unfair dismissal unless I was continuously employed for more than a year prior to the dismissal. Is this correct?

Usually you do not have the statutory right not to be unfairly dismissed until you have been employed for one full year, without any breaks, however there are a number of exceptions to this rule so it is always worth taking legal advice. Exceptions include union related dismissals, health and safety related dismissals, dismissals for asserting certain statutory rights (including under the working Time Regulations and Tax Credits Act), maternity and paternity related dismissals, dismissals of pension trustees, employee representatives, European Works Council members and shop workers who refuse to work on Sundays, selection for redundancy on discriminatory grounds, dismissals on the transfer of an undertaking (including in-sourcing, out-sourcing, retendering, business sales, a key client moving their work etc), dismissals on the ground of a spent conviction, whistle-blowing related dismissals, and  some union related dismissals.

Also there are other claims which can be brought within the first year of employment including breach of contract and discrimination claims (on the grounds of sex, race, disability, religion, sexual orientation, age or fixed term or part time employment status). Discrimination claims can arise in fact before any employment commences and even before it is offered e.g. where discrimination is alleged within the recruitment process.

If you have 51 weeks or more continuity of employment at dismissal it is worth taking legal advice, as sometimes where you are dismissed without notice, for the purpose of determining whether you have sufficient continuity to bring an unfair dismissal claim, your 1 week’s statutory notice may be added to the length of your actual employment potentially extending your continuous employment over the next 1 year required to bring an unfair dismissal claim.

It is also worth taking urgent legal advice if you are notified of disciplinary proceedings or put at risk of redundancy when you are close to having the one year’s continuity usually needed to found an unfair dismissal claim. It may be possible to delay the impending dismissal just long enough that you would qualify to bring a claim if the dismissal transpires to be unfair. 


For more information please contact employment@thackraywilliams.com