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Employee Dismissal Remedies: Introduction

Employee Dismissal Remedies

In the case of employees who do not have two years' continuous employment (non-qualifying employees) there are few legal restraints on the employer's powers to dismiss them other than to give the notice required in the employment contract.

Non-qualifying employees rights are limited to a claim for breach of the employment contract in the Courts or an employment tribunal. Qualifying employees, on the other hand, can go to an employment tribunal to claim that the dismissal was unfair.

However, the requirement for the employee to have served a qualifying period does not apply in the case of a discrimination action (sex, race or disability etc.) in which the employee can make a claim in an employment tribunal regardless of not having worked for the employer for a period of two years.

Further, dismissals on certain grounds are deemed to be automatically unfair and there is no requirement for the employee in question to have any period of qualifying service. For instance:

  • Maternity related
  • Health & Safety
  • Union related
  • Assertion of statutory rights

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