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HRgenius Unfair Dismissal Guide

By far the most recognisable term when considering employment law and employment rights is 'unfair dismissal'. An employee has a right not to be unfairly dismissed and this is generally contained within the Employment Rights Act 1996 although there are several other pieces of legislation which also provide rights in this area.

An individual must be an employee if they are to claim unfair dismissal i.e. a 'worker' or a self-employed individual are not eligible to make the claim.

The employee must have the necessary qualifying service. If the employee started employment before 6th April 2012, the necessary qualifying service is one year. If the start date was on or before 6th April 2012, the necessary qualifying service is two years. Anyone who does not have the qualifying service is generally referred to as a 'short service' employee. ... Read more in our guide