What are the Prerequisites for a Claim of Unfair Dismissal?

Posted in : First Tuesday Q&A NI on 4 July 2023
Chris Fullerton
Arthur Cox NI
Issues covered: Unfair Dismissal

Under Article 126(1) of the Employment Rights (Northern Ireland) Order 1996, ‘an employee has the right not to be unfairly dismissed by his employer’. Whilst this appears straightforward, there are prerequisites that an employee, as a claimant, must satisfy before beginning proceedings against their employer.

Firstly, and central to a claim of unfair dismissal, is that the claimant must be an employee. Under Article 3 of the Employment Rights (Northern Ireland) Order 1996, this is defined as an individual who works under a contract of employment. Therefore, an individual who is self-employed or classified as a “worker” cannot bring a claim of unfair dismissal. Whilst this prerequisite

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Back to Q&A's This article is correct at 04/07/2023

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

View all articles by Chris Fullerton