Are there any groups of employees who are excluded from making an unfair dismissal claim?

Employment status

You must be an employee to make an unfair dismissal claim. This requirement excludes workers, self-employed persons, and agency temps working under a contract for services.

Less than one year’s continuous employment

An employee must have completed at least one year's continuous employment before they can make an unfair dismissal claim. This requirement has been reduced from two years' continuous employment prior to 1 June 1999. This requirement will not apply if the reason for dismissal is an automatically unfair reason. Calculating your period of continuous service is not always straightforward, as there are some exceptions to what time is counted: an employment solicitor can help you to calculate this.

Fixed-term contract

If an employee is on a fixed-term contract and is dismissed at the expiry of that contract, they may not be able to claim unfair dismissal. You should speak to an employment lawyer about this requirement.

Legal exclusion

An employee may have excluded their right to complain to an employment tribunal if they have signed a compromise agreement in which they have agreed not to make an unfair dismissal claim. Or, they may have reached a settlement through ACAS conciliation or private negotiation.

Excluded classes

There are certain occupations that are excluded from the right to bring an unfair dismissal claim. These include: members of the armed forces; members of the police service (unless dismissed in relation to health and safety complaints or whistleblowing); share fisherman; and mariners. Also, the Secretary of State for Work and Pensions can make orders exempting other categories of employees from making unfair dismissal claims, although there are no other such categories at present.

If you think you may have an unfair dismissal claim, but are unsure whether or not you are excluded from pursuing it, you should obtain legal advice from an employment lawyer.

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