Resigned employee with less than 2 years' service fails in unfair dismissal and notice pay claims

This case illustrates the strict legal limits on bringing an unfair dismissal claim when you have been employed for less than two years. The former employee resigned from her role at Refuel Forecourt Limited and later brought claims for unfair dismissal, breach of contract (notice pay), and unpaid wages.

Why the claims largely failed

The tribunal quickly dismissed the unfair dismissal claim because the law requires at least two years' continuous service to bring such a claim, unless the reason is automatically unfair (e.g., whistleblowing or discrimination). Here, the employee had less than two years' service, so the tribunal had no jurisdiction to hear it.

The breach of contract claim for notice pay also failed. Notice pay is only payable when the employer terminates the employment. Since the employee resigned, she was not entitled to notice pay, regardless of the circumstances of her resignation.

The one success: unpaid wages

The only part of the claim that succeeded was the claim for unpaid wages. The employer admitted it had miscalculated the employee's wage entitlement and owed £10 net. This small sum was ordered to be paid.

What this means for similar claims

This case is a reminder that employment rights are not automatic – they depend on length of service and the specific circumstances of leaving a job. Employees with less than two years' service have limited protection against unfair dismissal, and resigning employees cannot claim notice pay. However, claims for unpaid wages (unlawful deduction from wages) can succeed even for small amounts, and do not require a minimum length of service.