What are the qualifying conditions required for an employee to bring a claim of unfair dismissal?

Employees have the right not to be unfairly dismissed by their employer under provisions contained in part X of the Employment Rights Act 1996. However, there are certain qualifying conditions for an employee to meet before they can claim unfair dismissal. The employee must:

  • have employee status, rather than self-employed or worker status;
  • have been continuously employed for a period of at least two years, except in specified circumstances;
  • bring the claim within three months of dismissal;
  • have been dismissed; and
  • not fall within one of the classes of employee who are excluded from the right to claim unfair dismissal (eg members of the armed forces).