Can Part‑Time or Agency Workers Claim Unfair Dismissal?

Understanding who can claim unfair dismissal in the UK is essential in employment disputes. While the core law applies to employees, many people work part‑time or through agencies. This article explains whether part‑time and agency workers have rights to claim unfair dismissal, what legal tests apply, how employment status and qualifying periods affect claims, and what practical steps can be considered when disputes arise.

What Is Unfair Dismissal?

An unfair dismissal claim is an application to an employment tribunal where an employee alleges that their employer dismissed them without a fair reason or without following a fair procedure. The right not to be unfairly dismissed arises from the Employment Rights Act 1996 and is a fundamental statutory protection for employees.

However, not everyone who works under a contract has the right to bring such a claim. The key issues are:

• Employment status - whether someone is legally an employee; and
• Qualifying service - how long someone has worked for the employer.

Employment Status: The Key Threshold

Who Is an Employee?

Only those with employee status can generally claim unfair dismissal (subject to exceptions for automatically unfair reasons). An employee is someone who works under a contract of employment, characterised by mutual obligations of work and payment.

People who are self‑employed, independent contractors or genuinely freelance with no contract of employment usually cannot claim unfair dismissal, even if they work regularly for an organisation.

Part‑Time Workers: Employee Rights and Dismissal Claims

Part‑Time Workers Are Employees

Part‑time workers are individuals who work regular hours that are fewer than full‑time hours, but they are still usually employees. As employees, they have broadly the same statutory rights as full‑time employees, including the right not to be unfairly dismissed, provided they meet the qualifying period.

The Part‑Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 require that part‑time workers are not treated less favourably than comparable full‑time colleagues unless objectively justified.

Protection Against Victimisation

Part‑time employees are explicitly protected against victimisation or dismissal because they assert their rights related to part‑time status. For example, if an employer dismisses someone for complaining about less favourable treatment, this could amount to automatically unfair dismissal.

Agency Workers: Status and Unfair Dismissal Rights

Agency Workers Are Not Always Employees

Many agency workers have a triangular relationship: the worker, the agency, and the hirer. The legal rights available depend on whether the worker is an employee of the agency, an employee of the hirer, or simply a worker under general employment law.

Most agency workers are workers rather than employees. Workers have important rights (such as minimum wage and paid holiday), but they do not automatically have the right to claim unfair dismissal because unfair dismissal rights are specific to employees.

When an Agency Worker Can Claim Unfair Dismissal

There are limited circumstances in which agency workers can claim unfair dismissal:

• If the worker is genuinely an employee of the agency (for example, with a contract of employment and clear mutual obligations), they may have employee status and be able to claim unfair dismissal, subject to qualifying service.
• If the agency worker's assignment employer (hirer) has employed them directly at any point, and they have become an employee, they may gain the right to bring a claim.

Rights Under the Agency Workers Regulations 2010

The Agency Workers Regulations provide specific protections, including protection from detriment or less favourable treatment if the worker asserts rights under the Regulations (for example, equal pay after 12 weeks). Some of these protections can intersect with dismissal situations.

Importantly, the Regulations state that if an agency worker who is an employee is dismissed because they assert rights under the Regulations, they will be regarded as unfairly dismissed under the Employment Rights Act.

However, a purely agency worker without employee status cannot use the Regulations alone to bring a standard unfair dismissal claim in a tribunal, though they may bring other discrimination or detriment claims.

The Qualifying Period for Unfair Dismissal

Standard Qualifying Period

To bring a normal unfair dismissal claim, an employee must satisfy a qualifying period of continuous service with the same employer. For dismissals of contracts starting after 6 April 2012, that period has traditionally been two years.

If an employee has not reached that length of service, they cannot normally bring an ordinary unfair dismissal claim, though they can bring claims for automatically unfair dismissal in certain situations (e.g., dismissal for asserting statutory rights).

Proposed Changes to Qualifying Period

There is ongoing legislative activity and proposals to reduce the qualifying period to six months from 1 January 2027 under a revised Employment Rights Bill. This change could expand access to unfair dismissal claims for part‑time and agency workers who qualify as employees.

Automatic Unfair Dismissal: No Qualifying Period

Even if a part‑time or agency worker (who is an employee) has not served the qualifying period, they may still bring a claim for automatically unfair dismissal. Examples include dismissal because of:

• asserting rights under statutory employment legislation;
• whistleblowing;
• pregnancy or family leave;
• enforcing working time rights, including part‑time rights.

This protection applies regardless of length of service.

Practical Examples

Part‑time employee dismissed after one year:
Sam works 20 hours a week and has employee status. Sam is dismissed after one year for complaining about unequal treatment compared with full‑time colleagues. Because part‑time rights are protected and dismissal in response to asserting those rights is automatically unfair, Sam may bring a claim even without two years' service.

Agency worker with no employee contract:
Alex works through an agency but has no contract of employment. Their assignment ends and they wish to claim unfair dismissal. Because they lack employee status, Alex cannot normally bring a standard unfair dismissal claim, though they can pursue other claims (e.g., discrimination or detriment under agency regulations).

Agency worker who becomes an employee:
Jo has an employment contract with the agency and has worked for over two years. After dismissal due to asserting rights under the Agency Workers Regulations, Jo may be able to claim unfair dismissal because they have employee status and qualifying service.

Time Limits and Tribunal Process

Employment tribunal claims for unfair dismissal must be brought within three months less one day from the date the employment ends. Early conciliation with Acas is usually required before a claim can proceed to a tribunal.

If an employee misses this time limit without a valid reason, the tribunal is likely to reject the claim.

Key Takeaways

Part‑time workers with employee status have the same potential to claim unfair dismissal as full‑time employees, subject to qualifying service or automatic unfair reasons. Agency workers, unless employed under a contract of employment, generally do not have the right to bring unfair dismissal claims but may have other protections under the Agency Workers Regulations or discrimination law. Proposed reforms to reduce the qualifying period could broaden access to unfair dismissal claims for part‑time and agency employees in the future. Understanding employment status and qualifying criteria is crucial when considering tribunal claims.