Who can’t claim unfair dismissal?
Who can’t claim unfair dismissal?
The right to bring a claim to an employment tribunal for unfair dismissal isn’t available to:
- self-employed people;
- independent contractors;
- members of the armed forces;
- employees who have reached a settlement with their employer through Acas (Advisory, Conciliation and Arbitration Service) or the Labour Relations Agency (LRA) in Northern Ireland;
- employees who have reached a settlement with their employer through a binding settlement agreement after taking legal advice;
- employees employed under an illegal contract, (for example, a barman under the age of 18);
- employees covered by a dismissal procedure agreement that’s been legally exempted from the unfair dismissal rules;
- employees taking part in unofficial industrial action (unless the dismissal is for an automatically unfair reason);
- police staff (unless the dismissal relates to health and safety or whistleblowing;
- those working on a fishing vessel and paid by a share in the profits or gross earnings of the vessel.
Click here for the main unfair dismissal page