Unfair dismissal

Unfair dismissal

This Overview summarises the issues relating to unfair dismissal claims, including who has the right to bring a claim, the time limit for bringing a claim, the qualifying period of continuous employment required to bring a claim, exceptions to the qualifying period, such as where the reason for the dismissal is automatically unfair, and the meaning of dismissal. It also covers the effective date of termination, reason for dismissal (capability, conduct, redundancy, breach of statute or some other substantial reason), fairness of dismissal, procedural fairness, remedies for successful claims (reinstatement, re-engagement, basic award and compensation), interim relief, pre-termination negotiations (protected conversations), the without prejudice rule, as well as settlement and mediation.

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.

For information on managing situations in which issues of conduct,

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