Are there any employees who are not covered by unfair dismissal legislation?

Certain limited classes of employee are excluded from the protection of unfair dismissal legislation. These include employees who are dismissed for taking part in unofficial industrial action, individuals employed as members of a fishing vessel who are remunerated by a share in the profits of that vessel and members of the armed forces. People employed in the police service are also generally excluded from the right to claim unfair dismissal, although they can make a claim where the reason for dismissal is a health and safety reason (as set out in s.100 of the Employment Rights Act 1996) or that the employee has made a protected disclosure.

To claim unfair dismissal, an employee must usually work, or be based, in Great Britain. However, in Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Ltd and others [2006] IRLR 289 HL the House of Lords held that there could be exceptional circumstances where an employee who is not working or based in Great Britain could qualify to claim unfair dismissal, if his or her employment has a strong connection with Great Britain or British employment law.