What is a dismissal?
There will be a dismissal in a legal sense if:
- the employer actually terminates the employment
- the employee resigns because the employer has committed a serious breach of contract (constructive dismissal)
- a fixed-term contract is not renewed.
When can an employee bring a case of unfair dismissal?
Under the Employment Rights Act, employees can usually only bring a claim of unfair dismissal if they have been continuously employed for two years. However, there is no qualifying period of service if you have been dismissed on any of the following grounds:
- Maternity/pregnancy
- Trade union membership or activities
- Making a disclosure in the public interest (whistleblowing)
- Asserting a statutory right at work
- Being a pension trustee or workplace consultation representative
- Health and safety (in specific circumstances)
- For a reason related to a .
Claims of unfair dismissal must be presented to the Employment Tribunal within three months of the date of termination.
The first stage in bringing a tribunal claim is to apply to ACAS for ‘early conciliation’. The conciliation period stops the clock for presenting the claim to the employment tribunal. These rules are complex so Bectu members should always seek advice from the union.
Employees must comply with any appeal process, otherwise their compensation could be reduced by up to 25%.
Get support as a member
Speak with your representatives:
If you work in an organisation that has local Bectu representatives, you should speak to them about any work-related issues.
Call the member contact centre on 0300 600 1878 or email [email protected]