In order to bring a claim in an Employment Tribunal for Unfair Dismissal you must have been dismissed by your Employer.
In addition, you must have been an employee and have at least one year’s continuous service. There are a few limited exceptions.
In most cases, you only have three months from the effective date of termination (EDT) to bring your claim. For example, if your employment ended on 14th December, you have until midnight on 13th March to submit your claim to the Employment Tribunal. The deadlines are very strict.
It is important to consider what remedy you are seeking. If your claim is successful, the Employment Tribunal will only award what you have asked for which could be any of the following:
- Reinstatement
- Re-engagement
- Compensation
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Constructive Dismissal
This is where the employee resigns, sometimes without notice, because their position was no longer tenable, usually because of a breach of contract by the employer.
Constructive Dismissal claims are harder to prove.
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Read more in our Unfair Dismissal Fact Sheet
