UK: Care needed over dismissal timing when employee approaching two years' service

The EAT has confirmed for the first time that an employee dismissed for gross misconduct in the week prior to accruing two years' service will not gain unfair dismissal protection provided that the tribunal agrees that they have indeed committed gross misconduct. However, if the tribunal disagrees, the statutory minimum notice period will be added to the actual service in calculating eligibility to claim unfair dismissal. Earlier caselaw establishes that the termination date is also extended by statutory notice if the employer dismisses by making a payment in lieu of notice, so it is prudent to consider carefully the timing of dismissals of employees approaching their two year anniversary. (Lancaster & Duke v Wileman)