Less than two years' service: unfair dismissal claim struck out
A former employee's unfair dismissal claim was struck out because she had less than two years' service. Her wrongful dismissal claim was dismissed after she failed to attend the hearing.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent for less than two years.
- The claimant complained of unfair dismissal and wrongful dismissal.
- The unfair dismissal complaint was struck out due to insufficient service.
- The claimant did not attend the final hearing and could not be contacted.
- The respondent's correct name is The Little School Day Nursery Ltd.
Timeline
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Unfair dismissal complaint struck out
Employment Judge Livesey struck out the unfair dismissal complaint because the claimant had less than two years' service.
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Initial hearing postponed
The hearing listed for this date was postponed due to a listings issue.
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Final hearing
The claimant did not attend; the tribunal proceeded in her absence and dismissed the wrongful dismissal claim.
The legal issue
Whether the claimant had the required two years' continuous service to bring an unfair dismissal claim, and whether the wrongful dismissal claim should proceed in her absence.
The outcome
The tribunal struck out the unfair dismissal claim because the claimant had less than two years' service, meaning she did not have the legal right to bring that type of claim. The wrongful dismissal claim was dismissed after the claimant failed to attend the final hearing and could not be contacted.
- Unfair dismissal claim: struck out (no jurisdiction)
- Wrongful dismissal claim: dismissed (non-attendance)
- No compensation awarded
Lessons & takeaways
- You generally need at least two years' continuous service to bring an unfair dismissal claim in England and Wales.
- If you have less than two years' service, you may still have other claims (e.g., discrimination or wrongful dismissal) if they apply.
- Always attend your tribunal hearing or inform the tribunal in advance if you cannot attend; failing to do so can lead to your claim being dismissed.
- Check the correct legal name of your employer when bringing a claim, as errors can cause delays or complications.
What this case shows in practice
This case illustrates a common hurdle for employees who have been dismissed but have not yet built up two years' continuous service. Under the Employment Rights Act 1996, the right to claim unfair dismissal is generally reserved for those with at least two years' service. The former employee here had been employed for less than that, so her unfair dismissal complaint was struck out at an early stage.
Even if the unfair dismissal route is blocked, employees may still have other options. In this case, the claimant also brought a wrongful dismissal claim, which relates to breach of contract (e.g., not being given proper notice). However, that claim was dismissed when she failed to attend the final hearing and did not respond to attempts to contact her.
What the losing side could have done differently
The claimant could have checked her length of service before bringing the unfair dismissal claim. If she had less than two years, she might have focused on other potential claims, such as discrimination (which has no service requirement) or breach of contract. More importantly, attending the hearing or at least informing the tribunal of her absence would have given her wrongful dismissal claim a chance to be heard.
Why the result matters for similar claims
This case is a reminder that employment rights are not automatic. The two-year service requirement is a key threshold for unfair dismissal protection. Employees with less service should explore other legal avenues and ensure they engage with the tribunal process. Employers, meanwhile, can take comfort that claims without the necessary service are likely to be struck out early.
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