🇬🇧 UK · Employment Law · Updated 2026-06-27
Can I claim unfair dismissal without 2 years' service?
Generally no — unfair dismissal requires 2 years' continuous service. But there are important exceptions: dismissals connected to pregnancy, whistleblowing, trade union activities, discrimination, or asserting a statutory right are automatically unfair from day one.
The general rule is that employees need 2 years' continuous employment to bring an unfair dismissal claim (Employment Rights Act 1996 s.108). However, there are numerous exceptions where the 2-year qualifying period does not apply — these are called 'automatically unfair' reasons for dismissal.
You can claim unfair dismissal from day one if dismissed for: pregnancy or maternity-related reasons; whistleblowing (making a protected disclosure); trade union membership or activities; asserting a statutory right (e.g. claiming the National Minimum Wage); jury service; working time rights; health and safety activities; or being a trustee of an occupational pension scheme. These are listed in ERA 1996 ss.99–105 and s.238A.
Discrimination claims under the Equality Act 2010 also have no qualifying period and no cap on compensation. If your dismissal was connected to a protected characteristic (sex, race, disability, age, religion, sexual orientation, gender reassignment, marriage, pregnancy/maternity), you can claim from day one regardless of service length.
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