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The right not to be unfairly dismissed is a statutory right arising under ERA 1996, s 94. There are a number of qualifying conditions and exceptions. The burden of proving that the relevant qualifying conditions are met generally falls on the employee who is claiming to have been unfairly dismissed.

In order to make a claim for unfair dismissal, an employee must meet the following basic conditions:

1. •

   must be employed under a contract of employment

2. •

   must have two years’ continuous employment (one year for those who started work before 6 April 2012) ― see the Continuity of employment guidance note

3. •

   not more than three months have elapsed since the end of the employment

An unfair dismissal claim is within the exclusive jurisdiction of the employment tribunal (ie it cannot be brought in the courts) and must generally be made within three months of the effective date of termination (EDT). The tribunal may, however, extend the time limit where it was not reasonably practicable for the employee to present