Key Employment Law Data

Dismissing a short-serving employee

  • If the short-serving employee is on probation, be aware that a probationary period has very little effect on the employer/employee relationship: there is little legal difference in the status of someone who is a probationer and someone who has been employed without being on probation.
  • As a general rule, an employee who has been employed for less than two years does not have the right to claim unfair dismissal. However, there are around 30 types of dismissal which are deemed to be automatically unfair and for which no qualifying period of employment is necessary. These include dismissals for: union-related reasons, asserting a relevant statutory right, pregnancy or maternity-related reasons, certain health and safety-related reaso...