The qualifying period for bringing a claim of unfair dismissal is currently two years in GB and one year in Northern Ireland.
However, there may be an exemption to this rule where the dismissal is due to:
- Whistleblowing
- The National Minimum Wage
- Working time
- Part Time Working Rights
- Flexible Working Rights
- Fixed Term Employee Rights
- Jury Service
- a Health and Safety-related reason
- a Maternity-related reason or a reason relating to leave for family reasons
- Agency Worker Rights
- a union-related reason (or where selection for redundancy was for a union-related reason)
- the assertion of a statutory right including the right to be accompanied to a grievance or disciplinary hearing
- Pension scheme trustees or reasons connected with pension enrolment
- Sunday Working
- a reason connected with the performance by an employee representative, or a candidate in an election for such an employee representative, of his functions as such an employee representative or candidate
- Taking part in lawful strike action
- Tax Credit rights
- Employee study rights
- a reason relating to a blacklisting trade union members and activists
- the employee’s political opinions or affiliation, or relates to those opinions or affiliation
- membership of a reserve force
- due to a zero hours contract employee doing another job or requiring the employers consent to do so
What this means to you
If you want to take action against your employer, you will have to move quickly. The deadline is three months less one day from the date you were dismissed.
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