11. Dismissal

[page 253]

The right to claim unfair dismissal is contained in Part X of the Employment Rights Act 1996 (ERA 96). Similar provisions are contained in part XI of the Employment Rights (Northern Ireland) Order 1996. It applies to employees only and not the wider category of workers.

To bring a claim for unfair dismissal the individual must:

• be an employee (see Chapter 2);

• have been dismissed (see below);

• have (in most cases) at least two years’ continuous employment (one year in Northern Ireland) by the “effective date of termination”. This phrase has a precise meaning, explained on page 284.

• bring the claim within the time limits, normally within 3 months less 1 day subject to extensions for Acas Early Conciliation.

The length of service requirement does not apply to certain types of unfair dismissal claims and claims for these specified reasons can be brought from day one of employment. They are:

• automatically unfair dismissal (except for dismissals due to a business transfer or a spent conviction): see page 280;

• dismissal related to political belief (see page 279); and

• discriminatory dismissal, which is brought under the Equality Act 2010 (see Chapter 10).