Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Unfair dismissal definition

What does Unfair dismissal mean? In practice, unfair dismissal describes an employee’s statutory claim that their employment was terminated without a fair reason and/or a fair procedure. In England & Wales and Scotland it is governed by the Employment Rights Act 1996; in Northern Ireland by the Employment Rights (Northern Ireland) Order 1996; and in Ireland by the Unfair Dismissals Acts 1977–2015. Employers must show a potentially fair reason (conduct, capability, redundancy, statutory restriction, or some other substantial reason) and that dismissal fell within the range of reasonable responses after a reasonable investigation and a fair process. In Great Britain, compliance with...

Equality Act 2010 prohibited conduct: tribunal time limits, when time runs, continuing acts, failures to act, constructive dismissal and just-and-equitable extensions, including disability-specific factors (Great Britain)

Published by a LexisNexis Employment expert

Practice notes

This Practice Note outlines the time limits for pursuing prohibited conduct claims under the Equality Act 2010 (EqA 2010). It looks at the EqA 2010 rules on: qualification periods, limitation periods, when the clock starts running, how a single event differs from behaviour continuing over time, the interface between time limits and constructive dismissal, and circumstances in which the limit is extended, including for disability cases.

Qualification periods

No qualifying length of service is required to bring a prohibited conduct claim under the EqA 2010. In contrast, an employee will generally need two years’ continuous service to bring an unfair dismissal claim (see Practice Note: Qualifying period for unfair dismissal).

Where the dismissal is alleged to be discriminatory:

the employee can pursue a discrimination claim arising from the dismissal regardless of service, but may not be eligible to bring an unfair dismissal claim as well, unless the reason for dismissal is one that carries no qualifying period. The practical effect is that reinstatement and re-engagement orders are not available in discrimination claims (see Practice Notes: Reinstatement, Re-engagement and Prohibited conduct claims: assessing compensation)
no qualifying period...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...