How to Claim for Unfair Dismissal if You’ve Worked Under 2 Years

Getting dismissed can feel like the rug’s been pulled out from under you — especially if you haven’t reached the two-year mark. While it’s true that you generally need two years’ continuous service to bring a standard claim for unfair dismissal, there are some crucial exceptions that can give you a valid case.

If you’re dealing with unfair dismissal under 2 years, this guide explains how the law works, what counts as automatically unfair, and what to do if you think you’ve been dismissed unfairly.

What Is Unfair Dismissal?

Unfair dismissal happens when you’re let go without a fair reason or your employer fails to follow a fair procedure. There are five main lawful reasons for dismissing an employee:

• Gross misconduct or poor conduct
• Lack of capability or performance
• Redundancy
• Breach of a legal requirement (e.g. loss of work visa)
• “Some other substantial reason” (a broad legal category)

Even if a reason appears fair, your employer must still follow a proper dismissal procedure, including clear communication, fair treatment, and a chance for you to respond — particularly through disciplinary and grievance procedures.

What If You’ve Worked Less Than 2 Years?

In most cases, you need two years’ service to claim ordinary unfair dismissal. However, some reasons are considered automatically unfair, meaning you don’t need any minimum qualifying period to bring a claim.

These include being dismissed for:

• Raising a health and safety concern
• Asking for the national minimum wage, holiday pay, or rest breaks
• Being pregnant or on maternity leave
• Joining or being active in a trade union
• Taking part in official industrial action
• Trade union membership or supporting a trade union member
• Being discriminated against due to race, religion, sex, age, disability, gender reassignment, or civil partnership
• Reporting wrongdoing (whistleblowing)
• Asserting statutory rights, such as asking for written terms or safe working conditions
• Requesting reasonable adjustments for a disability

If your dismissal falls into any of these categories, it’s likely automatically unfair — and you can bring a claim straight away, regardless of your years of service.

Real-World Scenarios to Help You Spot the Signs

Scenario 1: You email your manager about a health and safety concern in the workplace. A few days later, you’re told your “attitude isn’t a good fit” and dismissed.
This may be an automatically unfair dismissal.

Scenario 2: You tell your employer you’re pregnant. Two weeks later, they start criticising your work and dismiss you for capability issues — even though you’ve never had a disciplinary sanction before.
This could be discriminatory dismissal and automatically unfair.

Scenario 3: You join a trade union and attend a meeting outside of work. A week later, you’re dismissed for “poor cultural fit.”
Your trade union activities may be the real reason, making this automatically unfair.

What You’re Entitled To (Even with Short Service)

Even if you can’t claim ordinary unfair dismissal, you may still be entitled to:

• Your notice period (statutory or contractual)
• Notice pay if you weren’t paid for the correct period
• Any contractual entitlement, like holiday pay or bonuses
• Compensation for breach of contract
• A possible compensatory award if your claim succeeds at an employment tribunal

Always check your employment contract (or employee’s contract) to confirm what you’re owed.

What To Do If You’ve Been Unfairly Dismissed

1. Act Quickly

You have three months less one day from your last working day to start a claim by contacting ACAS.

2. Begin Early Conciliation

Before going to the employment tribunal, you must go through Early Conciliation with ACAS. This gives you and your employer the opportunity to resolve things informally.

3. Gather Evidence

Save emails, messages, contracts, and notes from meetings — anything that supports your case. This is especially important if unlawful discrimination or a failure to follow fair procedure was involved.

4. Seek Advice

An employment solicitor or Citizens Advice can help you understand your unfair dismissal rights, including whether you may also have a claim for wrongful dismissal or constructive dismissal. This is especially helpful if your case involves reasonable adjustments, procedural fairness, or a missing written warning.

Myth-Busting: Don’t Let These Misunderstandings Stop You

Myth: You need two years to claim unfair dismissal.
Fact: Not if your dismissal is automatically unfair or linked to unlawful discrimination.

Myth: Probation means no rights.
Fact: Even during your probationary period, you’re protected from discrimination, unfair treatment, and contract breaches.

Myth: If your employer didn’t give you a letter, it’s not official.
Fact: A dismissal doesn’t have to be in writing — verbal communication counts.

Myth: You should resign to avoid problems.
Fact: Don’t resign without getting advice. You may weaken your ability to claim constructive dismissal.

Common Mistakes to Avoid

Avoid these common pitfalls:

• Missing the deadline – ACAS conciliation must begin within three months less one day of your dismissal
• Deleting evidence – Keep messages, meeting records, and complaints
• Resigning without support – Always seek advice before taking big steps
• Assuming your employer was right – They may have failed to follow a fair procedure
• Relying on verbal promises – If it’s not in your employee’s contract, it may not hold weight

Need Help?

If you’re unsure about your rights or how to move forward, it may help to speak to a solicitor. Darwin Gray is a solicitor that deals with unfair dismissal and offers guidance for those dismissed with less than two years’ service.

Final Thoughts

Being dismissed before reaching two years’ service can feel like you’ve got no legal standing — but that’s simply not true. If you were dismissed for asserting statutory rights, taking part in trade union activities, or for a reason that’s automatically unfair, the law is on your side.

You don’t need to know everything. You just need to take the first step — gather your facts, get advice, and protect your rights. Whatever your length of service, you still deserve fair treatment, a clear dismissal procedure, and respect for your employment rights.