10/03/2026
HR Myths Debunked. Week 2: Myth 2 – Dismissing an employee who has under 2 years service.
Myth: "It's Completely Safe to Dismiss an Employee with Less than 2 Years' Service"
Many employers believe that employees with under 2 years' service can be dismissed easily and without legal risks. But here’s the reality—it’s not that simple. While the 2-year threshold does limit standard unfair dismissal claims, there are several key risks employers need to be aware of.
🔍 What Can Go Wrong?
1️⃣ Discrimination Claims
Did you know that discrimination claims can be made from day one of employment? Claims based on protected characteristics—such as age, gender, race, religion, disability, sexual orientation, or pregnancy—are exempt from the 2-year rule. Even a perceived or inadvertent discriminatory dismissal can lead to costly legal action.
2️⃣ Automatic Unfair Dismissals
Certain types of dismissals are automatically unfair regardless of length of service.
These include dismissals for:
🔴 Whistleblowing
🔴 Health & safety complaints
🔴 Trade union activity
🔴 Refusing to work in unsafe conditions
🔴 Asserting statutory rights, like requesting maternity or paternity leave
Employees can bring these claims immediately after joining your company.
3️⃣ Breaching Employment Contracts
Do you have a contractual dismissal process in place? Failure to follow a contractual dismissal process (including observing contractual notice periods in dismissal situations) can lead to breach of contract claims. Don’t assume the short tenure of an employee negates the need for formality.
📌 Key Takeaway: The 2-year rule doesn’t grant you a free pass. Fair and lawful treatment of all employees—no matter their length of service—helps prevent potential claims and fosters a positive company culture.
Not sure where you stand? We can help!
Reach out to discuss how to safeguard your business from costly mistakes.
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