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Home > Advice for you > Employment law for employees > Unfair dismissal > The 12 month rule in unfair dismissal and constructive dismissal cases

The 12 month rule in unfair dismissal and constructive dismissal cases

Sarah Nandhra LL.B. (Hons) LL.M.
0113 320 5000
employment@winstonsolicitors.co.uk

If you have been the victim of unfair dismissal or constructive dismissal then you can not make a claim unless you have worked for your employer for longer than 12 months. In unfair dismissal cases, you may still have a chance of obtaining compensation provided that you fit the criteria described below.

Our dedicated team of solicitors are available to talk to you today about your case. Please read our information and advice pages if you wish to learn more about this area of law, telephone us now.

Exceptions

Some of the main exceptions to the 12 month rule in unfair dismissal cases:

  • Dismissal for trade union membership.

  • Dismissal on maternity related grounds.

  • Dismissal related to paternity leave.

  • Dismissal related to adoption leave.

  • Dismissal on grounds related to the right to request flexible working arrangements.

  • Dismissal of a shop worker or betting worker for refusing, or proposing to refuse, to do shop work or betting work on Sundays.

  • Dismissal for qualifying for the national minimum wage or seeking to enforce a right to it.

  • Dismissal for exercising rights under the Working Time Regulations 1998.

  • Dismissal for making a protected disclosure within the meaning of the Public Interest Disclosure Act 1998.

  • Dismissal for performing, or proposing to perform, any duties relating to an employee's role as an employee representative or as a candidate to be a representative of this kind or for participating in the election of such a representative.

  • Dismissal for taking lawfully organised official industrial action lasting twelve weeks or less (or more than twelve weeks, in certain circumstances).

  • Dismissal on grounds relating to the Information and Consultation of Employees Regulations 2004 for undertakings with 50 or more employees.

  • Dismissal on grounds relating to jury service.

  • Dismissal in connection with a meeting to discuss a request not to retire.

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