Qualifying Criteria for Dismissal

The qualifying criteria to bring a claim to the Employment Tribunal for unfair or constructive dismissal are:

• You must be an employee of the company. (Normally, casual staff, seasonal staff and temporary workers will not fall into this category)
• You must have 12 months continuous service. (There are some notable exceptions to this (e.g. if discrimination is involved). Please ask for further details)
• For Unfair Dismissal you must normally have appealed against the decision to dismiss you.
• For Constructive Dismissal you must have lodged a formal grievance with your employer prior to lodging an Employment Tribunal Claim.
• In both cases, a claim to the Tribunal must be lodged within 3 months of the dismissal / resignation.