Yes, you can dismiss an employee within two years of employment. However, employers must still proceed with caution, as there are important legal considerations even before the two-year threshold is reached. Employees with less than two years’ continuous service generally do not have the right to bring a claim for ordinary unfair dismissal under the Employment Rights Act 1996. However, this does not mean they have no protection at all.   

Even without two years’ service, employees are still protected from being dismissed for automatically unfair reasons, such as pregnancy, whistleblowing, or asserting a statutory right. They are also protected under the Equality Act 2010 from dismissal for discriminatory reasons, such as sex, age, race, disability, religion or belief.   

It is also important to remember that all employees, regardless of their length of service, are entitled to receive the statutory notice period (or contractual notice, if greater) and any other contractual entitlements set out in their contract of employment.  

While the dismissal process may be more straightforward in the early stages of employment, it’s still good practice to take advice from an employment solicitor.