Unfair dismissal claim struck out due to less than two years' service

This case highlights a common pitfall for employees bringing unfair dismissal claims: the requirement of at least two years' continuous service. The former employee, who worked for Alan Holmes t/a Art Services for less than two years, had their unfair dismissal complaint struck out at an early stage. The tribunal noted that the claimant had failed to provide any acceptable reason why the claim should not be struck out.

However, the case was not a total loss. The claimant also brought a claim for unlawful deduction from wages, specifically for unpaid notice pay. The tribunal found that the employer had failed to pay the claimant's notice pay for the two-week notice period from 3 June 2022 to 17 June 2022. The respondent was ordered to pay £565.61, representing two weeks' net pay less three days' overtaken holiday.

What this means for similar claims

For employees, the key takeaway is that length of service matters for unfair dismissal claims. If you have less than two years' service, you may still have other claims, such as unlawful deduction from wages, discrimination, or automatically unfair dismissal (e.g., for whistleblowing or asserting statutory rights). It is worth checking all possible avenues before focusing solely on unfair dismissal.

For employers, this case is a reminder that even if a dismissal claim fails on jurisdictional grounds, other claims like unpaid wages can succeed. Employers must ensure they pay all wages due, including contractual or statutory notice pay, unless a valid deduction applies (e.g., for overpaid holiday). The respondent here was ordered to pay a relatively small sum, but the cost of defending the claim and the reputational impact could have been avoided by paying the notice pay promptly.