Can employees with less than the required service to claim unfair dismissal who believe that they have been unfairly selected for redundancy bring a tribunal claim?
Generally, employees must have at least two years' continuous employment before they 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).
An employee who believes that they have 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 they believe that their selection was due to unlawful discrimination.