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Given the question below, I answered that the statement that Gus can claim unfair dismissal is false. My rationale is that Gus was not continuously employed for two years. The answer given by BOO Exam Kit is True. But I am not understanding why. Is there a statutory right that he was denied? To be clear, I do understand why he would have a right to claim, but the study text indicates that you have to be continuously employed for two years at least to claim for unfair dismissal.
Fine Ltd specialises in providing software to the financial services industry. It has two offices, one in Edinburgh and the other, its main office, in London. In January 20X3, Gus was employed as a software designer attached to the Edinburgh office. However, in May 20X4, Gus was informed that he was to be transferred to the head office in London, which is more than 350 miles from his usual workplace.
Gus refused to accept the transfer on the basis that he had been employed to work in Edinburgh not London.
Consequently, on 1 June 20X4 he wrote to Fine Ltd terminating his contract with them.
Identify whether the following statements concerning Gus are true or false.
Gus has been constructively dismissed ? ?
Gus can claim wrongful dismissal ? ?
Gus can claim unfair dismissal ? ?
Gus can claim redundancy ? ?Hi
So the general rule is that you need to have been employed 2 continuous years to claim unfair dismissal.
There are some exceptions where even if you are not employed for 2 years you are still able to claim unfair dismissal for e.g. Pregnancy, TU, Enforcing Statutory rights.
In this scenario none of the exceptions appear to apply so it would seem that Gus is unable to claim Unfair Dismissal and so the statement should be False like you have answered.
Kind regards,
Vijay
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