Can an employee with less than the required service to claim unfair dismissal who believes that he or she has been unfairly selected for redundancy bring a tribunal claim?
Generally, an employee must have at least two years' continuous employment before he or she can present a complaint of unfair dismissal to an employment tribunal. However, this requirement is set aside if the employee has been selected for redundancy for an automatically unfair reason (eg for carrying out trade union or health and safety activities). For a list of the automatically unfair reasons for selection, as set out in s.105 of the Employment Rights Act 1996, see Quick reference > Termination of employment > Automatically unfair reasons for selection for redundancy.
An employee who believes that he or she has been selected for redundancy for an automatically unfair reason may submit a claim. It will be for the employment tribunal to determine whether or not the dismissal was for an automatically unfair reason. If it was, the requirement to have the minimum qualifying service to bring a claim does not apply.
An employee with less than the required service for unfair dismissal claims can bring a claim for discrimination if the employee believes that his or her selection was due to unlawful discrimination.