Who is eligible to claim for an unfair dismissal
Who has the right to claim?
Most employees
have the right to complain of unfair dismissal to an employment tribunal but
there are certain exceptions.
A complaint to
an employment tribunal must be made by the individual who was dismissed, but if
the employee dies a personal representative of the deceased can make the
application to the tribunal or continue proceedings already started. An
'employee' is an individual who has entered into, works or worked under a
contract of employment.
A contract of
employment is a contract of service or apprenticeship. Its terms may be
expressed in writing or orally, or may be implied.
Who does not
have the right to claim unfair dismissal?
The following
people cannot normally complain of unfair dismissal:
-
Certain employees with fixed term contracts for one year or more where the
dismissal consists only of the expiry of the contract without renewal and the
employee has previously agreed in writing to forgo his or her right of
complaint in such circumstances. Any such agreements must have been made
before 25 October 1999.
Since that date, employees working under fixed term contracts cannot agree to
waive their right to complain of unfair dismissal;
-
Employees who have reached a settlement with their employer, either with Acas'
conciliation or on the basis of a 'compromise agreement', reached with the
benefit of independent advice, in which they have waived their right to make a
complaint in relation to the dispute to which the settlement relates;
-
Members of the police service (except in relation to dismissal for taking
action on health and safety grounds and for making a public interest
disclosure) and armed forces; masters and crew members engaged in share
fishing who are paid solely by a share in the profits or gross earnings of a
fishing vessel;
-
Employees covered by a dismissal procedures agreement which has been exempted
from the unfair dismissal provisions by an Order made by the Secretary of
State for Employment.
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