Q&A Employment – 2 Years Continuous Service

Dear Jessica,

 Help! I’ve been working as a data administrator for the last year and a half working Monday – Wednesday inclusive (I volunteer for a local charity on Thursday and Friday) and recently received a jury summons for a two week period. I tried to excuse myself but the Court have refused it, I didn’t feel too bad as there is a quiet point in work during work at the time when I’m due to be there. When I told my boss he got really angry and then fired me because he said he was fed up of me only working 3 days a week when everyone else does a full week and that the jury service was the last straw. When I’ve spoken to my friends they’ve all said that I can’t do anything because I wasn’t employed for two years. Is this true?

 Jane – Leeds

 

 Hi Jane,

Your friends are half right; normally to be eligible to claim for unfair dismissal you need to have at least two years’ continuous service. However, there are a number of circumstances in which this two year requirement isn’t required and it appears that your situation may fulfil one or more of these because the dismissal is related to:

  1. Your status as a part time worker; and/or
  2. In connection with carrying out jury service

Further information about the qualifying period for unfair dismissal can be found here.

To be successful in a claim for unfair dismissal you would also need to be able to show that there was no fair reason for the dismissal and/or that the dismissal was not fair in all the circumstances.

If you want to discuss this in greater detail, please give our specialist employment department a call on 0113 244 9931.

Jessica