Employment
Employment Rights Act 2012 with an Employment Rights Tribunal
The Employment Rights Act 2012 introduced a general statutory right not to be unfairly dismissed, a written statement of particulars, and the Employment Rights Tribunal to hear complaints. Redundancy payments continue under the Severance Payments Act. The Act also codified disciplinary procedure in a schedule, so a dismissal that skips the required steps is vulnerable regardless of the underlying merits.
Key rules
- Jurisdiction — National; Employment Rights Tribunal, with appeal to the Court of Appeal
- Deadline — Unfair dismissal complaint: filed with the Chief Labour Officer within three months of the effective date of termination
- Deadline — Written statement of particulars: given within a set period after employment begins
- Deadline — Severance: payable after two years' continuous employment
Governing law
- Employment Rights Act 2012
- Severance Payments Act, Cap. 355A
- Holidays with Pay Act, Cap. 348
- Safety and Health at Work Act 2005
In practice
The three-month complaint window runs from the effective date of termination rather than from the outcome of any internal appeal, which is the most common reason a claim is time-barred. Because the statutory disciplinary code sits in a schedule to the Act, employers cannot contract out of it, and procedural failure alone can render an otherwise justified dismissal unfair.