Under 2 Years of Employment – possible employment claims

Generally, employees with over two years’ employment benefit from significantly increased employment rights because they have protection from unfair dismissal. However, employees with less than two years’ employment still benefit from other rights including protection from less favourable and discriminatory treatment and from detrimental treatment due to whistleblowing.

  • Direct Discrimination –  less favourable treatment because of a protected characteristic such as age, a disability, race, religion or belief, or gender or sexual orientation.
  • Indirect discrimination – where an employer applies a provision, criterion, or practice which on its face applies to all employees but which actually places employees with a specific protected characteristic at a disadvantage. For example, a requirement that an employee must work full-time as opposed to part-time may indirectly discriminate against women. If the employer can show that the provision, criterion or practice is a proportionate means of achieving a legitimate aim, they may be able to legally justify the discriminatory treatment.
  • Whistleblowing related detrimental treatment –  in response to the raising of a breach or a potential breach of a legal obligation – detrimental treatment can include the act of dismissal itself but also detrimental treatment generally.

There is no upper limit on the financial awards that can be made by the Employment Tribunal in relation to either of the above claims.

Find out everything you need to know about leaving employment, either through force or of your own will, with David Greenhalgh. David has over 27 years of experience in the field of employment law and he can fight in your corner should you need advice on any possible settlement or employment claim.

WHAT ARE MY EMPLOYMENT RIGHTS – UNDER 2 YEARS OF SERVICE

Your employment rights with under 2 years of service are fewer than the rights of someone with over 2 years of service. According to UK employment law, if an employee has worked for less than two years, an employer can terminate employment without needing to provide a valid reason or without following a fair disciplinary process (provided there is discrimination or whistleblowing). After two years of continuous service, employees gain protection from unfair dismissal.

WHEN DON’T YOU NEED 2 YEARS SERVICE?

Unfair Dismissal

There are a few exceptions to the 2 year rule.

There are certain reasons that are legally considered ‘automatically unfair’ where they lead to an employee being dismissed. These reasons include:

  • making a request for flexible working;
  • being pregnant or on maternity leave;
  • wanting to take family leave (such as parental, paternity, or adoption leave);
  • being a trade union member or representative;
  • participating in legal industrial action for up to 12 weeks (such as going on strike);
  • requesting a legal right (such as being paid the National Minimum Wage);
  • serving on a jury;
  • whistleblowing;
  • being forced to retire (also known as compulsory retirement);
  • and taking action or proposing to take action regarding a health and safety issue.

Importantly, an employee does not need to have worked for the company for 2 years to have protection from the above.

Discrimination

Direct discrimination is less favourable treatment due to a protected characteristic such as:

Indirect Discrimination

Indirect discrimination is where an employer applies a provision, criterion, or practice which on its face applies to all employees but which actually places employees with a specific protected characteristic at a disadvantage. For example, a requirement that an employee must work full-time as opposed to part-time may indirectly discriminate against women who are more likely to have child caring responsibilities.

If the employer can show that the provision, criterion or practice is a proportionate means of achieving a legitimate aim, they may be able to legally justify the discriminatory treatment.

What Is Considered Unfair Dismissal For Anyone With Over 2 Years Of Employment?

If an employee has worked for for two years or more, the employer must have one of the fair reasons outlined in The Employment Rights Act [1996] and act fairly in dismissing for that reason if it wants to avoid the risk of an unfair dismissal claim. These reasons include:

  • lack of capability;
  • misconduct;
  • redundancy.

WHAT CAN I DO IF I HAVE BEEN DISCRIMINATED AGAINST?

If you think you have been discriminated against, you should speak with an employment lawyer immediately. If you are found to be discriminated against, you could be awarded a settlement at an employment tribunal.  Strict time limits apply to the bringing of discrimination claims.

There is no upper limit on the financial awards that can be made by the Employment Tribunal in relation to either of the above discrimination claims. David Greenhalgh has over 27 years working for employees and senior executives in the field of unfair dismissal and discrimination . Contact him today for more information on your possible claim for unfair dismissal or discrimination.

DAVID GREENHALGH ON YOUR RIGHTS WITH UNDER 2 YEARS EMPLOYMENT

If you are a senior executive or employee with less than two years of employment and you would like advice on your possible claims for whistleblowing or discrimination with a view to obtaining and negotiating a settlement agreement or with a view to bringing a tribunal claim please contact David Greenhalgh on 020 3603 2177. You can also contact David by filling out our contact form and his team will contact you at a time that suits you.


This article/blog is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.

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