Jurisdiction(s):
United Kingdom

Capability-based Unfair Dismissal: Performance and Gross Incompetence—Drafting Checklist for Claimants and Respondents (England, Wales and Scotland)

Published by a LexisNexis Employment expert

Checklists

Both parties

Is the Claimant properly classed as an employee? Refer to Practice Notes: Entitlement to claim unfair dismissal-Eligibility and Employee status.
Did the Claimant meet the necessary length of service? See Practice Note: Qualifying period for unfair dismissal.
Has the Claimant satisfied the early conciliation requirement, or does an exemption apply? Refer to Practice Note: The early conciliation requirement.
Is the claim issued within three months, or within any extension triggered by early conciliation? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement-Extension to time limits (the 'stop the clock' provisions).
Could the employment contract be void for illegality? See Practice Note: Entitlement to claim unfair dismissal-Illegality.
Is the Claimant within an excluded class, eg police constables, and therefore outside unfair dismissal protection? See Practice Note: Entitlement to claim unfair dismissal-Particular types of employment.
Was the Claimant’s employment principally located in Great Britain? See Practice Note: Entitlement to claim unfair dismissal-Whether employee works in Great Britain.
Did the Respondent effect a dismissal? See Practice Note: Definition of dismissal in unfair dismissal.
Was the contract brought to an end by frustration? See Practice Note: Distinguishing dismissal from other...

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Web page updated on 27/05/2026

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