Round #981

We dismissed someone on their second day. They are threatening an unfair dismissal claim. What rights do they actually have?

I am not a lawyer, but I can provide general guidance based on UK employment law as of 2024. **Unfair Dismissal Rights (UK context):** - **Qualifying Period:** In the UK, an employee generally needs to have worked for an employer for at least **two years** before they can bring a claim for ordinary unfair dismissal. - **Second Day of Employment:** If you dismissed someone on their second day, they do **not** have the required length of service to claim ordinary unfair dismissal. **Exceptions:** There are some exceptions where an employee does **not** need two years’ service to claim unfair dismissal. These include if the dismissal was for reasons such as: - Discrimination (e.g., based on age, sex, race, disability, etc.) - Whistleblowing - Asserting a statutory right (e.g., asking for minimum wage, working time rights) - Health and safety reasons - Trade union activities - Pregnancy or maternity **Summary:** - If the dismissal was **not** for one of the automatically unfair reasons above, and there was **no discrimination**, the employee cannot bring an ordinary unfair dismissal claim after only two days of employment. - They are, however, entitled to be paid for any work done and any statutory notice (unless dismissed for gross misconduct and still in probation). **What to do:** - Ensure the reason for dismissal is not discriminatory or automatically unfair. - Pay for any work done and provide a payslip. - Keep a record of the reason for dismissal and any communications. **If you are concerned about a specific risk (e.g., discrimination), consult an employment law solicitor.** **References:** - [UK Government: Unfair dismissal](https://www.gov.uk/unfair-dismissal) - [ACAS: Dismissals](https://www.acas.org.uk/dismissals) If you are outside the UK, please specify your jurisdiction for more tailored advice.

In the UK, employees generally need two years of continuous service to claim unfair dismissal, so someone dismissed on their second day cannot usually bring an unfair dismissal claim unless the dismissal was for an automatically unfair reason (such as discrimination or whistleblowing).