Dismissing Staff with Less than Two Years of Service

Until an employee has two years’ service (the qualifying period), he/she is not protected by unfair dismissal protection. However, the employee may be protected if they have an automatically unfair reason (see below),

Automatically Unfair Reasons
These include dismissals for reasons connected to:

pregnancy or childbirth,
health and safety activities,
whistleblowing, or
asserting a statutory right under the Employment Rights Act 1996.

Without unfair dismissal protection, an employee may be terminated immediately and without a fair process, as long as he/she is provided the appropriate notice (paid in lieu or asked to work it).

Meet the Team

Nick Benson I qualified as a commercial and corporate solicitor…
Nick Benson
Managing Partner - Corporate & Commercial

I qualified as a commercial and corporate solicitor in 1992 following a 10 year career as a British Army officer. After training and working in the City for Rowe & Maw (now Mayer Brown) on a wide range of corporate and commercial transactions, I then moved into the leisure and hospitality industry where I became CEO of a number of businesses including a NASDAQ listed international company. In 2009 I set up Ortolan Legal to introduce a radically different way of providing quality commercial legal advice without the exorbitant costs associated with conventional law firms. I remain actively involved in advising many of our clients and when I am not doing this or assisting our sister company, Ortolan People, I spend my spare time cooking, boring anyone who cares to listen about my latest food exploits and flying.
Liz Delgado I qualified as a solicitor in 1995 after studying…
Liz Delgado
Senior Consultant Solicitor - Corporate & Commercial

I qualified as a solicitor in 1995 after studying law at Oxford University and training at Eversheds. Since then I have spent the vast majority of my career as an in-house lawyer advising on a broad range of commercial and corporate matters. My in house experience has taught me to be pragmatic and commercial in the advice I give. In my spare time I enjoy cooking, barre, Scandinavian dramas and pushing my very young niece to achieve the golfing stardom I have never achieved nor been interested in achieving.
Carrie Beaumont I qualified as an Employment specialist in 2008. I…
Carrie Beaumont
Partner - Head of Employment

I qualified as an Employment specialist in 2008. I advise on a broad range of employment matters both litigious and non-contentious. I counsel businesses on dismissal strategy and lawful termination techniques (such as dismissing on redundancy grounds and poor performance), to advising on settlement opportunities. Apart from conducting litigation in the Employment Tribunal, I advise on corporate transactions and the application of TUPE alongside generalist advice on a range of contractual matters and HR queries both for employers and employees. I pride myself on taking a pragmatic view to often emotive staffing issues to reach a swift resolution for all parties where possible.

I am an avid rugby fan and can be regularly found at my local Rugby Club (Fylde RFC) where I Chair the Ladies Committee or sipping bubbles at Twickenham as I cheer on England...or just in the pub sipping some alcoholic beverage!