UK

I was dismissed after 2 years of service. Can I claim unfair dismissal?

2 years
Minimum service
s. 94
ERA 1996 section
c. 18
Chapter number
1996
Enactment year
The Short Answer

No, you generally cannot claim unfair dismissal after only 2 years of service in the UK, as the minimum qualifying period is 2 years' continuous employment.

What the Law Says

The right to claim unfair dismissal in the UK is not automatic — it depends on meeting a minimum length of continuous employment, set out in the Employment Rights Act 1996.

Under the Employment Rights Act 1996, most employees must have completed at least two years of continuous employment with the same employer before they can bring a claim for unfair dismissal.

This qualifying period acts as a threshold: if you are dismissed before completing two full years, you generally do not have the legal right to challenge the fairness of your dismissal in an employment tribunal — unless an exception applies (e.g., automatic unfair dismissal reasons like whistleblowing or pregnancy discrimination).

Statutory Text

An employee has the right not to be unfairly dismissed.

— Employment Rights Act 1996, s. 94 — Right not to be unfairly dismissed

What to Do

1

Check your start date and confirm whether you reached exactly 2 years’ continuous service before dismissal.

2

Review whether your dismissal might fall under an 'automatic unfair dismissal' category (e.g., related to health and safety, asserting a statutory right, or discrimination), which requires no minimum service.

3

Seek advice from ACAS, a trade union, or an employment law adviser within 3 months less one day of your dismissal date if you believe you may qualify.

4

If eligible, submit an ET1 claim form to an employment tribunal — but note strict time limits apply.

Sources

statuteEmployment Rights Act 1996, s. 94 — Right not to be unfairly dismissed

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.