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...

Template Employment Tribunal ET3 defence to unfair dismissal (gross misconduct: falsified time sheets), addressing Acas Code, right to be accompanied, s38 EA 2002 (England, Wales and Scotland)

Published by a LexisNexis Employment expert

Precedents

[ Insert in para 6.1 of response form ET3: ]

It is [ accepted OR not accepted OR denied ] that the Claimant was engaged by the Respondent as a [ insert job title, eg ‘service engineer’ ] from [ insert start date of employment ] until his dismissal on [ insert end date of employment ]. It is [ accepted OR denied ] that the Respondent is [ insert brief description of the nature of the Respondent, eg an internet service provider ].
The Respondent rejects the assertion that the Claimant was unfairly dismissed [ and/or wrongfully dismissed ] [ and/or that there was a failure to comply with the statutory right to be accompanied by a trade union representative or colleague at a Disciplinary hearing ], as alleged or at all.

[ The Contract of Employment ]

[ It is accepted that the Claimant’s contract of employment contained a notice period of [ insert details, eg three months ]. However, the contract of employment [ at paragraph [ insert number ] ] also expressly provided for dismissal without notice in cases of gross misconduct... ]

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Web page updated on 05/06/2026

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