An employee with two years’ continuous service can claim unfair dismissal if you did not have a fair reason for their dismissal, follow a fair procedure and act fairly and reasonably. However, there are a number of hurdles that an individual will need to clear before you will be liable for unfair dismissal: for example they must be an employee; they will usually need to have two years’ service with you; they will need to follow the ACAS early conciliation procedure; if they submit a tribunal claim they may need to pay a fee for this; and a tribunal would ultimately need to find that they were unfairly dismissed.
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