By Max Winthrop
This guide defines the qualifying conditions to bring a claim for unfair dismissal. To bring a claim, the key requirements are that the individual must be an employee; have been dismissed; and have been continuously employed for a period of at least two years ending with the effective date of termination.
In this guide, learn about:
- Requirement to be employee
- Requirement to have been dismissed
- Two years’ continuous service requirement
- Excluded employees
- Employees working abroad
- Time limits for claims
- Future developments
- Reduction in qualifying period for unfair dismissal
- Time limits for claims
Want to see more?
For full access to our How-to guide:
Unfair dismissal: qualifying conditions for claiming
sign up to a HR and Compliance Centre subscription today.
You may also be interested in…
If an employee is dismissed in the last week of their first six months with a payment in lieu of notice, will they still qualify to claim unfair dismissal?
From 1 January 2027, statutory notice can bring an employee dismissed with PILON within the six-month unfair dismissal …
Does an employer have to give a written statement of reasons for dismissal?
Understand when employers must provide employees with a written statement explaining the reasons for dismissal and the key …
Grievances – how should HR deal with the aftermath?
The growing volume of AI-enabled grievances poses a challenge for resource-stretched HR – but at least organisations will …
About the author
Max Winthrop
Max Winthrop is a partner at Sintons LLP. Noted by both Chambers Guide to the Legal Profession and the Legal 500 as a leading practitioner in employment law, Max regularly appears in tribunals up and down the country as well as in the appeal courts. Max has lectured in employment law at Durham University and he was the chair of the Law Society’s influential Employment Law Committee from 2017-2020. As chair, he has been actively involved in employment law developments, including giving evidence to parliamentary committees.
Max is regularly quoted in national publications such as the Times and the Financial Times, and he has appeared on BBC Radio 4 and LBC as well as BBC and Channel 5 TV.
Max is a member of ELA, the Industrial Law Society, and is secretary of the Newcastle Employment Tribunal Users Group.