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employment law

Unfair Dismissal

Bringing a claim

An employee may be eligible to bring an unfair dismissal claim if there wasn’t a good reason for being dismissed or if the employer does not follow a fair procedure.


If the employee is found to be unfairly dismissed the Tribunal may order they be re-instated or re-engaged by their employer and/or receive compensation for the unfair dismissal.

Being eligible for an unfair dismissal claim

Not all workers are eligible to commence an action for unfair dismissal and below we have outlined the fundamentals:

  1. The individual will need to be an Employee (as opposed to a worker or self-employed individual);
  2. For ordinary unfair dismissal cases the individual will require 2 years’ service;
  3. Some dismissals are deemed as automatically unfair e.g. being dismissed because of being pregnant, in these cases the 2 years’ service is not required.
  4. For dismissals that aren’t deemed automatically unfair the employee must have been dismissed fairly and the employer must have acted reasonably and followed a fair procedure.
  5. The employee must participate in Early Conciliation and obtained a certificate number.
  6. A claim must be commenced by the employee within 3 months of being dismissed.

If you would like to discuss your case with one of our employment law solicitors you can contact us today to arrange a free 30 minute consultation.

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