Warning For Employers! Staff With Under 2 Years Service Still Deserve Your Attention

When employers consider dismissal, they may be inclined to focus on employees with under 2 years of service, as these individuals may not satisfy the criteria for filing an unfair dismissal claim.

In certain circumstances, employers may opt to deviate from their standard dismissal procedures, prioritising efficiency, and minimising disruption to regular business operations.

Whilst that might be a consideration, employers should take into account the following:

• Although an employee might not qualify for unfair dismissal they could still claim automatic unfair dismissal which does not require the employee to have any period of qualifying service. The ERA 1996 sets out automatic unfair dismissal reasons.

• Employees with under 2 years of service are still protected from discrimination, so any unlawful treatment in relation to a protected characteristic could still form the basis of a claim.

• Sometimes a wrongful or constructive dismissal could lead to a damages award exceeding pay for the notice period.

Employers should take care when deciding upon dismissal, even in cases where the employee has not achieved two years service. Following a fair procedure in all cases can, in my view, help identify and reduce the risks posed by terminating employment.