Powered by Lexis+®
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...

Read More Right Arrow

Unfair Dismissal Time Limits in the Employment Tribunal: ERA 1996 s111, Early Conciliation Extensions, ‘Not Reasonably Practicable’ Test, and Claims During Notice (England, Wales and Scotland)

Practice notes
imgtext

This Practice Note examines the deadline for lodging or submitting an Unfair dismissal claim in the employment tribunal under section 111 of the Employment Rights Act 1996 (ERA 1996). It addresses potential qualifications to the usual three-month period running from the Effective date of termination (EDT), the tribunal’s discretion to extend time where it has not been reasonably practicable to present the claim within the limit, and the possibility of extending time in relation to the early conciliation requirement. It also reviews when the time limit begins where Dismissal is with notice. For detailed guidance on applying and calculating tribunal time limits generally, see Practice Note: Time limits for presenting employment tribunal claims...

The general rule—three months from the effective date of termination

An unfair dismissal complaint must ordinarily be presented to the employment tribunal before the end of the three-month period beginning with the EDT. For assistance in identifying the date on which the EDT falls, see Practice Note: Effective date of termination. For clarification of the meaning of ‘presented’, see Practice Note: Time limits for presenting employment tribunal claims—Presenting a claim...

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 22/05/2026

Popular documents

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

Read More Right Arrow

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...

Read More Right Arrow

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 ...

Read More Right Arrow

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 ]...

Read More Right Arrow