In the UK, you must follow the “fair reasons” listed in the Employment Rights Act of 1996 when dismissing an employee who has worked for your business for two years or more, or you run the risk of facing an unfair dismissal claim.
It is legal to fire an employee with less than two years of work without having to give a reason or go through an impartial disciplinary or dismissal procedure. This is because an employee is only assured protection from unfair dismissal after two years of service with the same employer.
In some circumstances, regardless of how long a person has worked for the business, firing an employee with less than two years of service will be considered unfair. This is true because workers who are fired in violation of their basic job rights have legal recourse.
In more than 50 different circumstances, including those involving pregnancy and maternity, the assertion of legal rights like the right to annual leave or the national minimum wage, the making of a protected disclosure about wrongdoing at work, or the voicing of a health and safety concern, an employee may file for automatic unfair dismissal.
It may be illegal discrimination as well as an automatic and unfair dismissal if a worker is fired because of a protected characteristic. Age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, faith or belief, sex, and sexual orientation are among the protected categories under the Equality Act of 2010.
If you employ staff in the UK and have concerns around termination, the HR team at Employer of Record UK are on hand to answer your questions.
Sam Barnes
Sales Director
