Qualifying for unfair dismissal rights

To bring a claim for unfair dismissal, an individual must:

• be an employee (see Chapter 2);

• have been dismissed ;

• (except in certain specific cases) have enough continuous employment. Since 6 April 2012, employees must have two years’ service by the “effective date of termination”; and

• present the application to a tribunal within three months of the date of dismissal.

There is no longer an upper age limit on the right to claim unfair dismissal.

There is no service requirement in cases of automatically unfair dismissal, with the exception of dismissals resulting from a business transfer or because of a spent conviction, when the normal service rules apply. There is no longer a service requirement for dismissals related to political belief.