UNFAIR DISMISSAL FLOW CHART   OUTCOMES IF YOUR ANSWER IS YES QUESTION OUTCOMES IF YOUR ANSWER IS NO RESOURCES You can claim unfair dismissal in the Employment Tribunal Are you an Employee? You cannot claim unfair dismissal, but depending on the facts you can claim discrimination. Unfair Dismissal Are you a Worker or an Employee? What you can do about workplace discrimination Have you been employed by your Employer for at least 2 years? You cannot claim unfair dismissal unless your dismissal is an automatically unfair dismissal which does not need 2 years service. You can claim discrimination and/or wrongful dismissal Automatically Unfair Dismissal Wrongful Dismissal Were you dismissed by your Employer? If you resigned yourself, you can claim Constructive Dismissal   Constructive Dismissal Termination of Employment Are you within 3 months of your last day at work? You are out of time for your claim The Effective Date of Termination (EDT) You can claim unfair dismissal in the Employment Tribunal and apply for Interim Relief within 7 days of your dismissal Was your dismissal for; Trade Union reasons Health & Safety Acting as a Pensions Trustee Acting as an Employee Rep. Whistleblowing Right to be accompanied You can still claim unfair dismissal if you have 2 years service and are within 3 months of your last day at work. Section 128 ERA 1996 Your right to be accompanied You will find it hard to win your claim Does your Employer have a fair reason for dismissing you? You have a strong chance of winning your claim Did your Employer follow the correct procedure in dismissing you?