Breadcrumbs Section. Click here to navigate to respective pages.
Chapter

Chapter
Unfair dismissal 1
DOI link for Unfair dismissal 1
Unfair dismissal 1 book
Unfair dismissal 1
DOI link for Unfair dismissal 1
Unfair dismissal 1 book
ABSTRACT
This chapter deals with the claimant's eligibility to claim unfair dismissal – what he must prove in order to bring his claim. It also looks at the procedure involved, in particularly the time limit for making a claim. The provisions relating to unfair dismissal were the only parts of the 1971 Act to survive when the Labour Party returned to power in 1974. The present statutory provisions are found in the Employment Rights Act 1996. Many employment protection rights require a period of 'continuous employment' before the right may be claimed. Under the common law, only service with the same employer is counted for continuity purposes. This means that if the employee changes his job, the continuity he acquired with his old employer is ignored and a new period commences with the start of his new employment. The legislation excludes certain employees from protection from unfair dismissal. The employee must normally have the requisite continuity of employment.