1. 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?