Under Article 126(1) of the Employment Rights (Northern Ireland) Order 1996, ‘an employee has the right not to be unfairly dismissed by his employer’. Whilst this appears straightforward, there are prerequisites that an employee, as a claimant, must satisfy before beginning proceedings against their employer.

Firstly, and central to a claim of unfair dismissal, is that the claimant must be an employee. Under Article 3 of the Employment Rights (Northern Ireland) Order 1996, this is defined as an individual who works under a contract of employment. Therefore, an individual who is self-employed or classified as a “worker” cannot bring a claim of unfair dismissal. Whilst this prerequisite appears to be straightforward, it has been disputed in recent years with, for example, Uber BV and others v Aslam and others [2021] UKSC 5 case.

Secondly, a claimant must prove that he or she was dismissed by the employer. Under Article 127 of the Employment Rights (Northern Ireland) Order 1996, this is when the employer terminates the employee’s contract, with or without notice, or an employer does not renew an employee’s limited-term contract or the employee terminates their contract with or without notice by reason of the employer’s conduct (i.e. constructive dismissal).

Next, an employee must prove that he or she has worked continuously with the employer for, as per Article 140(1) of the Employment Rights (Northern Ireland) Order 1996, at least one year when he or she was dismissed. This is an important distinction with the law in Great Britain where the continuous period of employment is two years.

Finally, the claimant must have complied with the requirements for early conciliation. From 27 January 2020, it is mandatory for all employees wishing to bring a claim to tell the Labour Relations Agency who will offer conciliation in return. Whilst it is voluntary to participate in early conciliation, a claim cannot be brought to the Industrial or Fair Employment Tribunal without first considering this option.

Legal Island Training Resources for Your Staff

HR Toolkit | eLearning Course

Are you responsible for overseeing the implementation of training for all employees in your organisation? Legal Island has created an HR Toolkit that aims to provide comprehensive training to assist HR professionals in supporting line managers and employees throughout the employee journey. The suite of courses will offer practical advice to assist you in updating your processes and procedures and help you understand your legal obligations. Click here to view our HR toolkit.