Can I bring an unfair dismissal complaint?

The flowchart below provides a brief overview of when an individual might be able to lodge a complaint of the law on unfair dismissal. The full and relevant legislation is within the Employment Rights Act 1996.

Please note that the flowchart below should not replace legal advice. We intend for this to give a basic summary of the legislation.

Can I bring an unfair dismissal complaint?

ARE YOU AN EMPLOYEE?	NO	➡️	Only employees can bring unfair dismissal complaints. The law defines an employee as “an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment“. However, there may be alternative claims which you can bring. This depends on what has taken place. Please contact us for more information.
YES
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HAVE YOU BEEN EMPLOYED FOR AT LEAST TWO (2) YEARS?	NO	➡️	Employees must have at least two years’ service on the ‘effective date of termination’ to bring a general unfair dismissal claim. However, there are a number of unfair dismissal claims where an employee does not need to have any minimum qualifying period of service. Please contact us for more information.
YES
⬇️
HAS YOUR WORK BEEN UNDERTAKEN IN THE UK?	NO	➡️	Your work must have been done in Great Britain. Or it must have a sufficient connection to Great Britain to bring you within the territorial scope of the relevant legislation. Please contact us for more information.
YES
⬇️
ARE THERE ANY OTHER RELEVANT FACTORS TO CONSIDER?	YES	➡️	There are certain situations where the law excludes employees from bringing claims of unfair dismissal. For instance, subject to certain rules on extension, a claim for unfair dismissal must be presented within a period of three months starting with the effective date of termination. Additionally, you may be prevented from bringing a claim if you have signed a settlement agreement or COT3. Please contact us for more information.
NO
⬇️
HAS THERE BEEN A DISMISSAL?	NO	➡️	In order to bring a claim for unfair dismissal, you must have been dismissed. There are three categories of dismissal: termination by the employer, expiry of a limited-term contract, and constructive dismissal. Please contact us for more information.
YES
⬇️
HAVE YOU BEEN PROVIDED WITH A REASON FOR YOUR DISMISSAL?	NO	➡️	Your employer must give written reasons for their decision to dismiss. If a reason has not been provided, you can request one. Your employer has 14 days to comply. Where your employer has “unreasonably” failed to give written reasons, you may be able to bring an employment tribunal claim. Please contact us for more information.
YES
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IS THE REASON GIVEN ONE OF THE POTENTIALLY FAIR REASONS FOR DISMISSAL?	NO	➡️	There are five potentially fair reasons for dismissal: – capability or qualifications; – conduct; – redundancy; – breach of a statutory duty or restriction; and – “some other substantial reason” (SOSR). If the reason for your dismissal does not fall within one of the above reasons, you may be able to bring an employment tribunal claim. Please contact us for more information.
YES
⬇️

HAS YOUR EMPLOYER ACTED REASONABLY IN THE CIRCUMSTANCES?

Ultimately, if your employer has established a potentially fair reason for the dismissal (i.e. has given one of the reasons noted above), it would then be for a Tribunal to decide on whether your employer acted reasonably in dismissing you for that reason.

Please contact us for more information.