Unfair dismissal meaning

The early conciliation (EC) requirement The early conciliation (EC) requirement—sometimes referred to as mandatory Acas early conciliation—obliges a would‑be claimant to give Acas specified details, including certain information, before issuing an employment tribunal claim, as provided by section 18A(1) of the Employment Tribunals Act 1996 (ETA 1996). For more detail, see Practice Note: The early conciliation requirement. This Checklist explains which claims constitute ‘relevant proceedings’, and identifies those that are caught by the early conciliation requirement either because of: ETA 1996, s 18(1A), or a specific provision in the applicable legislation For guidance on relevant proceedings, see Practice Note: The early conciliation requirement—Relevant proceedings. Where a prospective claimant satisfies the early conciliation requirement, there is, in almost all cases, a statutory extension to the usual deadline within which a claim must be presented to an employment tribunal. This Checklist also indicates where the operative extension provisions on time limits are located, and highlights categories of proceedings to which those extension provisions...

Both parties Did the Claimant hold employee status? Refer to Practice Notes: Entitlement to claim unfair dismissal-Eligibility and Employee status Did the Claimant meet the necessary length of service, or is an exemption engaged? See Practice Note: Qualifying period for unfair dismissal Has the Claimant satisfied the early conciliation obligation, or does an exemption apply? See Practice Note: The early conciliation requirement Was the claim lodged within three months, or within any extended period where early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement-Extension to time limits (the 'stop the clock' provisions) Is the employment contract potentially void for illegality? See Practice Note: Entitlement to claim unfair dismissal-Illegality Is the Claimant within a class of employees excluded from unfair dismissal protection, for example police constables? See Practice Note: Entitlement to claim unfair dismissal-Particular types of employment Was the Claimant’s employment based in Great Britain? See Practice Note: Entitlement to claim unfair dismissal-Whether employee works in...

This checklist highlights the key points to weigh up when preparing an ET1 claim or an ET3 reply. It addresses jurisdictional matters, such as the claimant’s right to pursue unfair dismissal and whether the claim was filed within time. It considers the reason for dismissal and ill-health capability, including sporadic absences, long-term absence and diminished performance. It also assesses the substantive and procedural fairness of the dismissal. Finally, it identifies remedy issues to think about, eg reinstatement, re-engagement and compensation. Both parties Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal-Eligibility and Employee status Does the Claimant have the necessary qualifying service? See Practice Note: Qualifying period for unfair dismissal Has the Claimant met the early conciliation requirement, or does an exemption apply? See Practice Note: The early conciliation requirement Was the claim submitted within three months, or within the extended period where early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement-Extension to...

In this issue: Horizon scanning Status and worker categories Benefits Prohibited conduct Unfair dismissal Settlement Employment tribunals Dates for your diary Trackers New Q&As Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning What to watch in Employment law this winter In 2025, the government’s suite of employment reforms has set the pace, yet noteworthy shifts in case law and workplace culture also merit close attention as winter draws in. Some updates will stem from regulators, including the Financial Conduct Authority, which is anticipated to finalise guidance on tackling non-financial misconduct. Practitioners should also be mindful of the broader adoption of artificial intelligence, alongside a rise in employees voicing politically sensitive opinions at work, both of which demand vigilance as 2026 approaches. See Law360: What to watch in employment law this winter. Status and worker categories European Parliament ready to negotiate better...

In this issue: Horizon scanning Directors Status and worker categories Cross-border, international and jurisdictional issues Recruitment Protected characteristics Prohibited Conduct (discrimination etc) Diversity and gender pay gap Maternity, parents and carers Financial services and banking: employment issues Data protection and employee information Bribery, modern slavery, tax evasion and fraud Employment Tribunals Scotland Ireland LexTalk®Employment: a Lexis®Nexis community Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Horizon scanning BTC launches call for evidence on Employment Rights Bill The Business and Trade Committee (BTC) has opened its first request for evidence for a new inquiry into the Employment Rights Bill (ERB). The inquiry will collect written and oral submissions to steer the Bill’s subsequent passage through Parliament and to gauge whether it is set to meet its stated aims. Written evidence should be submitted by Friday...

In this issue Working time and flexible working Pay Tax Prohibited conduct (discrimination etc) Employment tribunal equality claims Diversity and gender pay gap Industrial action Unfair dismissal Employment tribunals Immigration Northern Ireland ESG and sustainability: employment issues Daily and weekly news alerts Dates for your diary Trackers New Q&As Working time and flexible working Code of Practice (Requests for Flexible Working) Order 2024 (SI 2024/429): The Order designates 6 April 2024 as the date on which the updated Code of Practice on handling requests for flexible working, issued by the Advisory, Conciliation and Arbitration Service (Acas) under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), takes effect. It also clarifies that the revised Code does not cover applications for flexible working made under section 80F of the Employment Rights Act 1996 (ERA 1996) that are lodged on or before 5 April 2024;...

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, confers extra protection on employees when a dismissal arises in the context of a transfer. EU‑sourced legislation, including much of TUPE 2006, enacted to give effect to the UK’s obligations under EU law (for example, Directive 2001/23/EC, the Acquired Rights Directive (ARD)), and still applicable in the UK at the end of the Brexit transition period/IP completion day, continues in force as assimilated law. For further information, see Practice Note: Assimilated law. Enhanced protection against dismissal An individual benefits from this enhanced protection only if they can pursue an unfair dismissal claim—meaning they must be an employee (see Practice Note: Employee status) with the required two years’ continuous employment. For further information, see Practice Note: Entitlement to claim unfair dismissal...

ARCHIVED: This Practice Note is archived and not being maintained. It reviews the Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020), SI 2020/814, which ensure that employees furloughed under the Coronavirus Job Retention Scheme (CJRS) for any period ending on or before 30 September 2021 receive statutory redundancy pay, statutory notice pay and other entitlements by reference to their usual earnings rather than the reduced furlough rate. For details on the Coronavirus Job Retention Scheme (CJRS), extended to 30 September 2021, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 May to 30 September 2021) [Archived]. For general guidance on working out a week’s pay under sections 221–224 of the Employment Rights Act 1996 (ERA 1996), see Practice Note: Calculating a week’s pay. The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020), SI 2020/814, which took effect on 31 July 2020, prescribe how a week’s pay is to...

This Practice Note addresses the supplementary employment obligations specific to local government regarding the recruitment and removal of statutory post-holders, including the Joint Negotiating Committee (JNC) for Local Authority Chief Officers terms, green book provisions, occupation-specific conditions of service, and authorities’ rules on employment procedures. It sets out the varying rules that apply to different categories of officers. It further outlines the part played by leaders or elected mayors and the cabinet under executive arrangements, together with the Chief Executive, in these processes as applicable. Discussion of employment issues in local government fall into three areas: routine employment law issues, such as those concerning discrimination, fair or unfair dismissal (including redundancy), TUPE, etc contractual obligations, which necessitate consultation with national conditions of service except where local agreements have been made ...

1 The Claimant was engaged by the Respondent from [ insert date ] as a bicycle courier, based at the Respondent’s premises at [ insert address ]. The Respondent is a company that provides delivery services throughout the Greater London area...

[ insert name and address of client ] Private and confidential Dear [ insert name ] Military reservists Following your recent engagement of [ [ insert name ], who I understand is ] a member of the reserve forces, I am writing, as requested, to outline the respective rights, duties and responsibilities of both the Company and the reservist. I also attach the following documents, which you may find helpful: a sample Mobilisation letter to provide to the reservist if and when they are called up for military service, which outlines the employment arrangements that will apply before and during their period of mobilisation, and immediately upon their return; a Manager’s Checklist detailing action points for the Company; and a Reservist’s Checklist detailing action points for the reservist...

[ Insert in para 8.2 of claim form ET1: ] The Respondent engaged the Claimant as a [ job title ]. She was based at the Respondent’s premises at [ insert address ], where she was one of only three women employed. [ It was an implied term of the Claimant’s employment contract that the Respondent would not behave in a way calculated or likely to erode the mutual trust and confidence between employer and employee. ] The Claimant contends that the Respondent subjected her to [ a course of ] discrimination, sex-related harassment, harassment of a sexual nature, and victimisation, which encompassed discriminatory and constructive unfair dismissal. On or around [ insert date ], her colleague, [ insert name ], asked her to send him certain sales reports. She informed [ insert name ] that she was in the process of compiling the figures and would supply the full report after lunch. He replied, ‘No need to bite my head off. Is it that...

For an unfair dismissal claim to succeed, the claimant must ultimately prove he was actually dismissed by the employer concerned...

This Q&A reviews alternative employment for fair dismissal purposes and examines what counts as suitable alternative employment for statutory redundancy payment purposes. It addresses both fair dismissal and statutory redundancy payment considerations. Reason for dismissal The same definition of ‘redundancy’ is applied for the purposes of determining: the entitlement to a statutory redundancy payment whether, in the context of an unfair dismissal claim, the reason for dismissal is redundancy Under that definition, an employee is dismissed by reason of redundancy where the dismissal is wholly or mainly attributable to: the employer ceasing, or intending to cease, carrying on the business for the purpose for which the employee was employed by them the employer ceasing, or intending to cease, carrying on that business in the place where the employee was so employed the requirements of the business for employees to undertake work of a particular kind, either generally or in the place where the employee was employed,...

Disability discrimination Under section 6 of the Equality Act 2010 (EqA 2010) and EqA 2010, Sch 1, Pt 1, a diagnosis of cancer is treated, without further proof, as a disability for EqA 2010 purposes. See Practice Note: Disability. Attention must be given to the various forms of discrimination and other banned conduct contained in EqA 2010, as set out within that legislation and provisions therein. See the part of Practice Note: Disability discrimination headed ‘The basic types of discrimination and other prohibited conduct’, together with the fuller Practice Notes cited there and cross-referred within that section. For EqA 2010 purposes, a ‘dismissal’ also covers situations where an employee’s employment ends (and is not immediately renewed on identical terms) because a particular period has run out, or a particular event has happened, or a particular circumstance has arisen; this includes the ending of fixed-term contracts (EqA 2010, s 39(7)–(8)). Accordingly, the requirement to make reasonable adjustments binds employers when they are considering dismissing an employee; that is, dismissal will...