Unfair dismissal

Unfair dismissal guidance:

Once it has been established that a claimant has the right to bring an unfair dismissal claim (see Practice Notes: Entitlement to claim unfair dismissal) and Definition...

Practice Note

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. Pension loss will generally only arise in cases where an individual has lost their job and the...

Practice Note

In the employment tribunals Case no: [Insert case number] Between: [insert name of claimant] Claimant and [insert name of respondent] Respondent Claimant's schedule of...

Precedents

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may terminate in a number of...

Practice Note

Where a qualifying period of employment is required to bring an unfair dismissal claim (see Practice Note: Entitlement to claim unfair dismissal), the claimant's period...

Practice Note

The right not to be unfairly dismissed is a purely statutory right arising under section 94 of the Employment Rights Act 1996 (ERA 1996). There are a number of qualifying...

Practice Note

[Insert in para 8.2 of claim form ET1:] 1 The Claimant was employed by the Respondent as a [job title]. She worked at the Respondent’s premises at [insert address] where...

Precedents

1 The Claimant was employed by the Respondent from [insert date] as a chemist in the Respondent’s research and development facility at [insert address]. The Respondent is...

Precedents

[Insert in para 8.2 of claim form ET1:] 1 The Claimant was employed by the Respondent as a [service engineer] from [insert date]. [[His OR Her OR Their] contract of...

Precedents

[Insert in para 8.2 of claim form ET1:] 1 The Claimant was employed by the Respondent as a [job title]. [It was an implied term of the Claimant’s contract of employment...

Precedents

Produced in partnership with Natasha Joffe of Outer Temple Chambers 1 The Claimant was employed by the Respondent from [insert date] as a cycle courier working from the...

Precedents

[Insert in para 8.2 of claim form ET1:] 1 The Claimant was employed by the Respondent from [insert date] as a [enter details of position held by Claimant]. 2 The Claimant...

Precedents

[Insert in para 5.1 of claim form ET1:] 1 1. The Claimant was employed by the Respondent from [insert date] as a [insert position]. 2 On [insert date], the general...

Precedents

[Insert in para 8.2 of claim form ET1:] 1 [[Example 1:] The Claimant was employed by the Respondent from [insert date] as a [insert job title]. 2 On [insert date], the...

Precedents

[Insert in para 8.2 of claim form ET1:] 1 The Claimant was employed by the Respondent as [an electrician] between [insert date] and [insert date]. 2 On [insert date], the...

Precedents

[Insert in para 8.2 of claim form ET1:] 1 The Claimant was employed by the Respondent as an electrician between [insert date] and [insert date] at the Respondent’s...

Precedents

[Insert in para 8.2 of claim form ET1:] 1 The Claimant was employed by the Respondent as a [insert details of role] from [insert date]. 2 On [insert date], the Claimant...

Precedents

[Insert in para 8.2 of claim form ET1:] 1 [I am not a member of any trade union. OR I am a member of [insert name of trade union]. OR On [insert date], I applied to join...

Precedents

[Insert in para 8.2 of claim form ET1] Example 1 1 The Claimant was employed by the First Respondent as a [insert job title] from [insert date]. 2 On or about [insert...

Precedents

[Insert in para 6.1 of response form ET3] 1 Many of the matters complained about by the Claimant occurred more than three months before the Claimant submitted her ET1;...

Precedents

[Insert in para 6.1 of response form ET3:] 1 [Status of claimant: ]It is denied that the Claimant worked for the Respondent as an employee under a contract of employment....

Precedents

[Insert in para 6.1 of response form ET3:] 1 It was an express term of the Claimant's employment as [a storeman] that the theft of supplies would result in instant...

Precedents

[Insert in para 6.1 of response form ET3:] 1 It is admitted that the Claimant was dismissed during her pregnancy and after she had informed the Respondent of her...

Precedents

[Insert in para 6.1 of response form ET3:] 1 The Claimant was employed as a [enter job title, eg packer] at the Respondent's factory at [insert place]. 2 On [insert...

Precedents

[Insert in para 6.1 of response form ET3:] 1 It is [admitted OR denied] that the Claimant was dismissed for the reasons stated or alleged in the claim. 2 [In fact, the...

Precedents

[Insert in para 6.1 of response form ET3:] 1 It is denied that the Respondent was in breach of the Claimant's contract of employment thereby entitling the Claimant to...

Precedents

[Insert in para 6.1 of response form ET3:] 1 The Claimant was employed as a lorry driver from [insert date] to [insert date]. 2 On [insert date], he was convicted by the...

Precedents

Produced in partnership with Natasha Joffe of Outer Temple Chambers 1 It is denied that the Claimant was an employee of the Respondent. As the term set out at paragraph...

Precedents

[Insert in para 6.1 of response form ET3:] 1 The Claimant, who was employed as [a building labourer], had been continuously absent from work for [10] weeks when the...

Precedents

[Insert in para 6.1 of response form ET3:] 1 1.1 [During the last [six] months of his employment, the Claimant, who was employed by the Respondent as [a technical...

Precedents
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