Lost your job unfairly? You might be wondering whether you have the right to make a claim for unfair dismissal. 
In many cases, the answer is Yes. However, as with most legal scenarios, the situation can be complicated and there are some exceptions as detailed below.
Are you an employee?
If you have a contract of employment (whether in writing or orally), you are an employee and may have the right to make an unfair dismissal claim.
If you are an independent contractor, agency worker or freelancer, you are not an employee and do not have the right to make an unfair dismissal claim.
When did you start working for your employer?
You can claim if you’ve been in continuous full-term employment for at least two years (England, Scotland, Wales) or one year (Northern Ireland).
Have you already reached a settlement?
If you have already gone through the Acas conciliation process, or taken independent legal advice to arrive at a settlement or compromise agreement, it’s likely that you’ve waived your right to make an unfair dismissal claim that relates to the same dispute.
What work did you do?
Some sectors don’t have the right to make an unfair dismissal claim. Does this apply to you?
- Police service but not admin staff (unless you were dismissed because you publicly disclosed health and safety concerns)
- Armed forces
- Solely paid by sharing gross earnings or net profits from a fishing vessel (whether you’re master or crew)
- Covered by an employment contract which is exempted from unfair dismissal by an Order made by the Secretary of State for Employment
Has the employee subsequently died?
Any claim would usually be brought by the employee, but if they have died, their personal representative can continue proceedings that are already underway or make a new application to the tribunal.
What this means to you
If you think you’ve been dismissed unfairly, or you’re not sure, give us a call. We have years of experience in supporting employees in all kinds of situations, and will be happy to advise.
Further reading
For more information on this subject, you might find our other articles useful:
- What constitutes unfair dismissal?
- Have I been unfairly dismissed?
- How to lodge an unfair dismissal claim
- Who can claim for unfair dismissal?
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