Unfair dismissal claim fails due to less than two years' service
A former employee's unfair dismissal claim was dismissed because they had less than two years' service, but the employer agreed to pay £284.58 in notice pay.
1 min read · Last updated 18 May 2026
Case details
- #less-than-2-years-service
- #notice-pay
- #consent-order
Key facts
- The claimant had less than 2 years' continuous service.
- The unfair dismissal claim was dismissed for want of jurisdiction.
- The respondent agreed to pay notice pay of £284.58.
- The claim was amended by consent to include notice pay.
Timeline
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Hearing and judgment
The Employment Tribunal heard the case and issued a judgment dismissing the unfair dismissal claim for lack of jurisdiction, but ordering the respondent to pay notice pay by consent.
The legal issue
The tribunal had to decide whether it had jurisdiction to hear an unfair dismissal claim from an employee with less than two years' service.
The outcome
The tribunal dismissed the unfair dismissal claim because the claimant did not have the required two years' continuous service to bring such a claim.
However, by consent, the respondent agreed to pay the claimant £284.58 in notice pay.
Lessons & takeaways
- Employees with less than two years' service generally cannot bring an unfair dismissal claim, unless the dismissal is for an automatically unfair reason.
- Even if an unfair dismissal claim fails, you may still be entitled to notice pay if your employer agrees or if it is due under your contract.
- It is important to check your continuous service length before bringing an unfair dismissal claim to avoid wasted time and costs.
This case highlights a fundamental rule in UK employment law: employees with less than two years' continuous service generally cannot bring a claim for unfair dismissal. The former employee, who had not reached the two-year threshold, brought a claim against Ansdell Institute and Social Club. The tribunal had no choice but to dismiss the claim for lack of jurisdiction.
What the employer did right
The respondent agreed to pay notice pay of £284.58 by consent, which avoided a separate claim for breach of contract. This pragmatic approach saved both sides further legal costs and tribunal time.
What this means for similar claims
For employees, this case is a reminder that the two-year service requirement is a strict jurisdictional bar. Unless the dismissal is for an automatically unfair reason (such as whistleblowing or discrimination), you need at least two years' service to bring an unfair dismissal claim. For employers, it shows that even when a claim cannot succeed, it may still be sensible to settle any undisputed contractual entitlements like notice pay to avoid further disputes.
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