Unfair dismissal

Unfair dismissal

The right not to be unfairly dismissed is a purely statutory right arising under section 94 of the Employment Rights Act 1996 (ERA 1996).

ERA 1996, Part X (ERA 1996, ss 94–134A) contains most of the provisions relating to who has the right, how to bring a claim, when the right is infringed and the remedies available following a successful claim.

This Overview summarises the issues relating to unfair dismissal claims, eg eligibility criteria for bringing a claim, the meaning of dismissal for statutory purposes, and the concept of ‘fairness’ in relation to reasons for dismissal and procedural requirements. It also deals with remedies for successful claims and options for resolving and settling claims.

For information on managing situations in which issues of conduct, capability and performance may give rise to a dismissal, see:

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Performance, conduct and discipline—overview
•
Sickness and absence—overview

Time limits

Claims for unfair dismissal may only be brought in an employment tribunal and must generally be presented within three months of the effective date of termination of employment (subject to any extension if the requirement

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