Are there qualifying requirements to make an unfair dismissal claim?

An employee may make an unfair dismissal claim if they are either:

- Dismissed for an automatically unfair reason
- Dismissed for an unfair reason
- Dismissed without following a lawful and fair process

However, if the dismissal is for either an unfair reason (but not an automatically unfair reason), or for not following a lawful and fair process, then there are additional requirements that the employee must meet. Essentially, these are minimum qualifying requirements for making a claim at an employment tribunal.

The employee must have been working full or part-time for one year of continuous service with their employer. They cannot be a casual worker, a self-employed worker or an independent contractor.

Additionally, the employee's job must have ended less than 3 months ago – that is, they must make their claim at an employment tribunal within 3 months from the effective date of dismissal. An employment solicitor can help you calculate this period for you, which is not always straightforward as certain periods are excluded from the calculation.

There are also specific groups of employees and/or employment contracts that are excluded from making a claim. These are:

- Members of the armed forces
- Members of the police forces
- Employees employed under an illegal contract

In addition, if an employee has reached a settlement with their employer, either privately with the making of a compromise agreement or through ACAS conciliation, they cannot then bring an unfair dismissal claim to an employment tribunal, as they have waived their right to take legal action.

Any employee who is unsure whether they are eligible to make an unfair dismissal claim should seek legal advice from an employment solicitor. It is important to seek legal advice sooner rather than later to ensure you make your claim within the 3 month time limit; the time limit is strictly applied by the employment tribunals.

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