We provide a second case study around the unfair dismissal qualifying period.
This case study looks at a situation in which an employer dismisses a new employee for refusing to carry out her duties because she believes that there is a health and safety risk. Despite her short service, the employee is able to claim unfair dismissal.
Also
We explain the rules on continuous employment and unfair dismissal in the XpertHR employment law manual.
Our table showing the automatically unfair reasons for dismissal in the XpertHR quick reference section sets out the reasons that do not require qualifying service for the employee to bring a claim.
The XpertHR FAQs section provides answers to questions about continuous employment, for example How would a tribunal interpret continuity of employment? and Will a period of unpaid leave break the employee’s continuity of service? We also answer questions about unfair dismissal, for example What are the qualifying conditions required for an employee to bring a claim of unfair dismissal? and In what circumstances does an employee not need minimum qualifying service to claim unfair dismissal?
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