Breach of contract claim succeeds despite short service bar on unfair dismissal

A mixed outcome for a short-service employee

This case illustrates the strict two-year qualifying period for unfair dismissal claims. The former employee had worked for the respondent for less than two years, so his unfair dismissal complaint was struck out at an early stage. The tribunal gave him an opportunity to argue why the claim should proceed, but he did not provide any arguable reason. Even a later application for reconsideration failed, as the law is clear: without two years' service, the right not to be unfairly dismissed does not apply.

The breach of contract claim succeeded

However, the employee's breach of contract claim for unpaid notice pay succeeded. The tribunal awarded him £2,595.99, which covered the notice period he was entitled to under his contract. This shows that even when an unfair dismissal claim is barred, employees can still recover contractual sums owed to them.

The employer's counterclaim failed

The employer brought a counterclaim against the employee, but the tribunal found it was not well-founded and dismissed it. This serves as a reminder that employers must have solid evidence to support any claims they bring against former employees.

What this means for similar cases

For employees with less than two years' service, the key takeaway is to check whether any exception to the qualifying period applies, such as automatically unfair reasons. If not, focus on breach of contract or other claims that do not require a minimum service period. For employers, this case highlights the importance of responding to tribunal proceedings and ensuring any counterclaim is properly evidenced.