If an employer dismisses an employee without good reason and/or without following an appropriate process, the employee can potentially raise an Employment Tribunal claim for either wrongful or unfair dismissal. However, in order to raise a claim for unfair dismissal, the employee will be required to satisfy a Tribunal that:-
- they were an employee, whether part time or full time;
- they had the necessary continuity of service (normally two years' continuous service) to bring a claim for unfair dismissal;
- they were dismissed.
There are certain circumstances where employees’ with less than two years' service can bring a claim for unfair dismissal. An example of an exemption is dismissal for health and safety reasons, as a result of whistleblowing.