Do I need 2 years of service to bring an employment tribunal claim?

The 2-year qualifying period only applies to standard unfair dismissal. It does not apply to discrimination claims, whistleblowing claims, pregnancy and maternity dismissals, dismissals for asserting a statutory right, or dismissals related to trade union activity. These are called automatically unfair dismissals and you can bring them from day one.

Can I claim if I resigned?

Yes — if your employer fundamentally breached your contract of employment and you resigned in response, that is constructive dismissal. You are treated as if you were dismissed. These claims can be harder to prove because you must show a fundamental breach and that you did not accept it by staying on. The standard 3-month time limit still applies from your resignation date.

What if I was employed for less than 2 years?

You can still bring a claim if any of the automatic unfair dismissal exceptions apply — whistleblowing, discrimination, pregnancy, asserting a statutory right, or trade union membership. You can also bring a wrongful dismissal claim (breach of contract) regardless of length of service. Review whether your situation falls into any of these categories before assuming you cannot claim.

Do agency workers and zero-hours workers have employment tribunal rights?

It depends on the claim type. Discrimination protections under the Equality Act 2010 apply to workers as well as employees, so agency workers and zero-hours workers can bring discrimination claims from day one. Standard unfair dismissal rights generally require employee status. Your employment status is a matter of law and may differ from what your contract says.

What is the time limit for an employment tribunal claim?

Most claims must be submitted within 3 months less one day from the effective date of termination or the act complained of. ACAS early conciliation pauses the clock — any days spent in conciliation are added to your deadline. Missing this deadline is the most common reason valid claims are permanently lost, as tribunals have very limited power to extend it.

Small Claims Eligibility Checker