The right not to be unfairly dismissed generally only arises when the employee, by the Effective date of termination of their employment, has been continuously employed for a period of at least two years. There are, however, many exceptions to this requirement.
For guidance on the principles to be applied when determining whether an employee has the required qualifying period of Continuous employment, see Practice Note: Continuity of employment.
Effective date of termination
When calculating the period of continuous employment, the effective date of termination of employment will depend on the circumstances of the Dismissal. For further guidance, see Practice Note: Effective date of termination.
Effect of whether statutory minimum notice has been given
Where an employee is dismissed without being given the statutory minimum notice (see Practice Note: Statutory minimum notice), for the purposes of determining whether they have the required qualifying period of employment to bring a claim of Unfair dismissal, their period of employment is generally treated as though it had been extended by the statutory minimum notice. In other words, the minimum statutory
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