Can my employer dismiss me if I’ve worked for them for less than two years? Employment Law
Without a minimum of two years’ service, the relationship between employer and employee is mainly bound by the terms of the employment contract.
This means that before you reach that key point, your employer can (subject to the full circumstances) dismiss you on notice:
- without a hearing
- without a warning
- without giving a particular reason.
For an unfair dismissal claim or a claim for constructive dismissal you must have two years’ service with your employer.
There are, however, a number of exceptions:
- discrimination- for example, if you are dismissed because you are having time off due to a disability,
- asserting a statutory right – such as requests for rest breaks during your shifts, which are dismissed,
- maternity leave – having a request for maternity leave dismissed or being ‘made redundant’ as a result.