Unfair dismissal claim struck out: the two-year service rule in action
A former employee's unfair dismissal claim against LQS Healthcare Services Ltd was struck out because they had worked there for less than two years, the minimum qualifying period under UK law.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed by the respondent for less than two years.
- The claimant complained of unfair dismissal.
- Section 108 of the Employment Rights Act 1996 requires two years' service for an unfair dismissal claim.
- The claimant failed to give an acceptable reason why the complaint should not be struck out.
- The claimant's other complaints, including disability discrimination, are not affected by this judgment.
Timeline
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Original judgment striking out unfair dismissal claim
Employment Judge Gray struck out the claimant's unfair dismissal complaint due to lack of qualifying service (less than two years).
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Judgment sent to parties
The judgment was sent to the parties on 12 May 2023.
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Claimant applied for reconsideration
The claimant applied for reconsideration of the judgment via email attachments.
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Reconsideration refused
Employment Judge Gray refused the reconsideration application, finding no reasonable prospect of the original decision being varied or revoked.
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Reconsideration judgment sent to parties
The reconsideration judgment was sent to the parties on 19 June 2023.
The legal issue
The tribunal had to decide whether the employee had the minimum two years' continuous service needed to bring an unfair dismissal claim. The law is clear: employees with less than two years' service generally cannot claim unfair dismissal, unless the dismissal is for an automatically unfair reason (such as whistleblowing or discrimination).
The outcome
The tribunal struck out the unfair dismissal complaint because the employee had not worked for LQS Healthcare Services Ltd for two years. The law requires at least two years' continuous service to bring an ordinary unfair dismissal claim.
The employee tried to have the decision reconsidered, but the judge refused, noting that the grounds raised did not change the fact that service was too short. The employee's other claims, including disability discrimination, were not affected and will proceed separately.
No compensation was awarded because the claim was struck out at an early stage.
Lessons & takeaways
- Check your length of service before bringing an unfair dismissal claim — you generally need at least two years' continuous employment.
- If you have less than two years' service, you may still have a claim if the dismissal was for an automatically unfair reason, such as discrimination or whistleblowing.
- The two-year rule applies strictly — even if you have other strong claims, the unfair dismissal part will be struck out if you don't meet the service requirement.
- If you receive a judgment you disagree with, you can apply for reconsideration, but you must have a valid legal reason — simply disagreeing is not enough.
The two-year service rule: a hard barrier
This case is a straightforward reminder of one of the most important rules in UK employment law: to bring an ordinary unfair dismissal claim, you must have at least two years' continuous service with your employer. The former employee here had worked for LQS Healthcare Services Ltd for less than that period, so their unfair dismissal complaint was struck out at an early stage.
The employee argued that the claim should not be struck out, but the tribunal found no acceptable reason to allow it to continue. The judge also refused a later application to reconsider the decision, noting that nothing the employee raised changed the fundamental fact that they did not meet the service requirement.
What this means for similar claims
For anyone considering an unfair dismissal claim, the first step is to check your start date. If you have been employed for less than two years, you cannot bring an ordinary unfair dismissal claim — unless the reason for dismissal is automatically unfair, such as discrimination, whistleblowing, or asserting a statutory right.
Importantly, the employee in this case also had a disability discrimination claim, which was not affected by the strike-out. That claim will continue separately. This highlights that even if one part of your case fails on a technicality, other claims may still proceed.
What the employer did right
LQS Healthcare Services Ltd appears to have done nothing wrong here — the law is clear, and the tribunal applied it correctly. The employer did not need to do anything differently, as the claim had no legal basis from the start.
For employees, the lesson is clear: understand the qualifying period before you bring a claim. If you have less than two years' service, focus on whether your dismissal was for an automatically unfair reason, or consider other types of claim such as discrimination or breach of contract.
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