Unfair Dismissal Under 2 Years: Can You Still Claim?
Last updated: December 2025 Applies to: England, Wales and Scotland. Not tailored to Northern Ireland.
Important: This guide provides information about UK employment law. It is not legal advice. Every situation is different. If you've been dismissed and want to understand your options, consider speaking to a solicitor for advice specific to your circumstances.
Quick Summary
The 2-year rule: You generally need 2 years' continuous service to claim ordinary unfair dismissal.
But you may still have a claim if:
| Claim Type | Qualifying Period | Example |
|---|---|---|
| Automatically unfair dismissal | None (day one) | Dismissed for pregnancy, whistleblowing, raising H&S concerns |
| Discrimination | None (day one) | Dismissed because of age, disability, race, sex, religion |
| Wrongful dismissal | None (day one) | Dismissed without notice pay owed |
Coming change: From 1 January 2027, the qualifying period drops from 2 years to 6 months.
The 2-Year Rule Explained
Under the Employment Rights Act 1996, employees need 2 years' continuous service to claim ordinary unfair dismissal.
If you have less than 2 years' service, you can't bring a standard unfair dismissal claim arguing your employer had no fair reason or followed an unfair process. That protection only kicks in after 2 years.
But the 2-year rule only applies to ordinary unfair dismissal. Other claims have no qualifying period at all.
When You CAN Claim (Without 2 Years)
Automatically Unfair Dismissal
Some reasons for dismissal are so fundamentally wrong that the law protects you from day one. These are called automatically unfair dismissals.
If the real reason for dismissal was one of these, a claim can be brought regardless of length of service:
Common automatically unfair reasons:
- Pregnancy or maternity leave
- Whistleblowing (reporting wrongdoing)
- Raising health and safety concerns
- Trade union membership or activities
- Asserting statutory rights (requesting minimum wage, holiday pay, written terms)
- Requesting flexible working
- Taking family leave (paternity, adoption, parental)
- Jury service
- Taking part in lawful industrial action (first 12 weeks)
There are over 60 automatically unfair grounds in total. For the full list, see our guide: Automatic Unfair Dismissal: When the 2-Year Rule Doesn't Apply.
Compensation: Uncapped for whistleblowing and health and safety dismissals. Standard cap (£118,223) for others.
Discrimination
If someone was dismissed because of a protected characteristic, a discrimination claim can be brought from day one.
Protected characteristics under the Equality Act 2010:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Discrimination claims have no compensation cap. Injury to feelings can also be claimed (Vento bands: £1,200 to £60,700+).
A dismissal can be both automatically unfair and discriminatory. For example, dismissal for pregnancy is automatically unfair under the Employment Rights Act 1996 and sex discrimination under the Equality Act 2010. Both claims can be brought.
Wrongful Dismissal
Wrongful dismissal is a breach of contract claim, usually about notice pay. It has no qualifying period.
If an employer dismissed someone without giving the notice the contract (or statutory minimum) required, and didn't pay in lieu, this could amount to wrongful dismissal.
Statutory minimum notice:
- 1 week if employed 1 month to 2 years
- 1 week per year if employed 2 to 12 years
- 12 weeks if employed 12+ years
For more detail, see: Wrongful vs Unfair Dismissal: The Key Differences.
The "51 Weeks" Rule
Something many people don't know:
If someone is dismissed just before their 2-year anniversary, the statutory notice period might push them over the threshold.
Example:
- Started on 1 February 2023
- Dismissed on 25 January 2025 (1 year, 51 weeks, 3 days)
- Entitled to 1 week's statutory notice
- Effective date of termination becomes 1 February 2025
- Now has 2 years' service
If an employer dismissed without notice (or paid in lieu), service is calculated as if notice had been worked. This could tip someone over the 2-year mark.
This only works if genuinely close to 2 years. But if within a few weeks, it's worth checking.
What You CAN'T Claim (Without 2 Years)
If none of the above applies, and there's less than 2 years' service, these claims generally aren't available:
- Ordinary unfair dismissal (no fair reason)
- Procedural unfairness (employer didn't follow proper process)
- Unfair redundancy selection (unless discriminatory or automatically unfair)
This can feel unjust, especially if the employer behaved badly. But under current law, the 2-year rule limits options for ordinary unfair dismissal claims.
ERA 2025: This Is Changing
The Employment Rights Act 2025 (Royal Assent 18 December 2025) reduces the qualifying period.
| Current Law | From 1 January 2027 |
|---|---|
| 2 years | 6 months |
From 1 January 2027:
- Anyone with 6+ months' service gains unfair dismissal protection
- The change is retrospective (if you have 6 months on that date, you're protected)
- Day-one rights apply for automatically unfair dismissals (unchanged)
The compensation cap (currently £118,223) will also be abolished, though the exact date hasn't been confirmed.
Until January 2027, the current 2-year rule still applies. Don't assume new rights apply until they're in force.
Time Limits
Whatever claim is brought, deadlines are tight.
| Claim | Time Limit |
|---|---|
| Automatically unfair dismissal | 3 months minus 1 day |
| Discrimination | 3 months minus 1 day |
| Wrongful dismissal (tribunal) | 3 months minus 1 day |
| Wrongful dismissal (court) | 6 years |
ACAS Early Conciliation must be started within the 3-month deadline. As of 1 December 2025, the ACAS conciliation period can last up to 12 weeks.
Coming change: From October 2026, tribunal time limits are expected to extend to 6 months. But this isn't in force yet.
What To Do Now
If you've been dismissed with less than 2 years' service:
This week:
- Note your dismissal date and calculate your 3-month deadline
- Ask yourself: Why was I really dismissed? Could it relate to pregnancy, whistleblowing, disability, or another protected reason?
- Check if you received proper notice pay
- Gather your contract, dismissal letter, payslips, and any relevant emails
Within 2 weeks:
- Contact ACAS on 0300 123 1100 for initial guidance
- Consider whether any of the exceptions apply to your situation
- Seek legal advice if you think any of these might apply
Don't assume the 2-year rule means there are no options. Many people have options they don't realise.
How Yerty Can Help
For more on unfair dismissal claims, including eligibility guidance, deadline information, evidence checklists, and next steps, explore our Unfair Dismissal Claims package. Learn more about our claims packages — create a free account to get started.
Frequently Asked Questions
Can I claim unfair dismissal with less than 2 years' service?
For ordinary unfair dismissal, no. But a claim can be brought from day one if the dismissal was for an automatically unfair reason (pregnancy, whistleblowing, health and safety, etc.) or if there was discrimination.
What if I was dismissed just before my 2-year anniversary?
Check whether adding the statutory notice period pushes service over 2 years. If entitled to 1 week's notice and it wasn't given, the effective date of termination may be later than the last working day.
Can I claim for breach of contract with less than 2 years?
Yes. Wrongful dismissal (usually about notice pay) has no qualifying period. If an employer didn't pay the notice owed, a claim may be possible.
Is discrimination covered by the 2-year rule?
No. Discrimination claims have no qualifying period. Protection applies from day one.
When does the 2-year rule change?
From 1 January 2027, the qualifying period drops to 6 months under the Employment Rights Act 2025.
Sources
Legislation:
- Employment Rights Act 1996: www.legislation.gov.uk/ukpga/1996/18/contents
- Employment Rights Act 2025: www.legislation.gov.uk
- Equality Act 2010: www.legislation.gov.uk/ukpga/2010/15/contents
Official guidance:
- ACAS, Unfair dismissal: www.acas.org.uk/dismissals/unfair-dismissal
- ACAS, Early conciliation: www.acas.org.uk/early-conciliation
- Gov.uk, Dismissal: www.gov.uk/dismissal
Statutory rates (April 2025):
- Weekly pay cap: £719
- Maximum compensatory award: £118,223
- Maximum basic award: £21,570