What are the Prerequisites for a Claim of 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