The Employment Rights Act 1996 enshrines the statutory right of employees:

  • not to be unfairly dismissed

  • to complain to an employment tribunal against infringements of that right.

This topic explains the automatically unfair reasons for unfair dismissal and the right to not be unfairly dismissed. Details of the time limits for bringing a claim, reasonableness and the duty to mitigate are also given.

Employers' Duties

Employers have a duty to ensure that:

  • an employee’s termination of employment by way of dismissal is in accordance with the employee’s contract of employment

  • an employee’s dismissal does not involve an infringement of the employee’s right not to be unfairly dismissed

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