Unfair dismissal

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Q&As
How do you calculate the time limit for submitting an unfair dismissal claim to the employment tribunal?For information:•on time limits for the...
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19th May
Practice notes
Statutory minimum noticeSection 86 of the Employment Rights Act 1996 (ERA 1996) provides for a statutory minimum period of notice that must be given...
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19th May
Practice notes
Redundancy—fair procedure: individual consultationWhere there is no statutory obligation to consult with any existing employee representatives (see...
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19th May
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Disclosure in employment tribunal proceedingsCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...
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Practice notes
Definition of dismissal in unfair dismissalTo succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the...
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19th May
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Striking out and unless orders in employment tribunal proceedingsCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and...
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19th May
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Effective date of terminationWhere a qualifying period of employment is required to bring an unfair dismissal claim (see Practice Note: Entitlement to...
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19th May

Most recent Unfair dismissal content

Q&As
What is the position where an employee is dismissed without notice shortly before they have been continuously employed for at least two years?For...
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17th Sep
Q&As
Where two parties dispute who is the employer of a seconded employee, how may the dispute be resolved and what issues will be relevant?The usual...
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17th Sep
Q&As
Where an individual accepts an employer's offer of a new job, but the employer subsequently withdraws the offer before the start date, what claims are...
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17th Sep
Q&As
If an employee accepts an offer of voluntary redundancy, does this amount to a dismissal for unfair dismissal purposes (ERA 1996, s 95), or is it a...
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17th Sep
Q&As
If the outcome of misconduct proceedings against an employee is demotion, but the employee refuses to take any of the available downgraded roles...
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17th Sep
Q&As
Is there any case law (Employment Tribunal or otherwise) or authoritative guidance to support the use of the Bradford Factor as a ground for...
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17th Sep
Precedents
Letter—to employee initiating pre-termination negotiations (unfair dismissal claims only)[To be typed on headed notepaper][insert date]Dear [insert...
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17th Sep
Practice notes
Redundancy—fair procedure: individual consultationWhere there is no statutory obligation to consult with any existing employee representatives (see...
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9th Sep
Practice notes
Reason for dismissal—some other substantial reasonEven if the reason for dismissal does not fall within one of the specific potentially fair reasons...
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1st Sep
Practice notes
Reason for dismissal—conductConduct is a potentially fair reason for dismissal. Dismissals for misconduct are probably the most frequent category of...
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1st Sep
Practice notes
Employment tribunal unfair dismissal awards databaseThis Practice Note contains links to the Harvey Quantum awards database on employment tribunal...
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13th Aug
Precedents
ET3 grounds for resisting unfair dismissal claim—performance capability[Insert in para 6.1 of response form ET3:]11.1[During the last [six] months of...
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11th Aug
Precedents
ET3 grounds for resisting unfair dismissal claim — conduct[Insert in para 6.1 of response form ET3:]1It was an express term of the Claimant's...
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11th Aug
Precedents
ET1 grounds of unfair dismissal claim—redundancy (unfair selection)[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent...
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11th Aug
Precedents
ET1 grounds of unfair dismissal claim—constructive dismissal[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a...
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11th Aug
Practice notes
Definition of dismissal in unfair dismissalTo succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the...
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11th Aug

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