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Question: In the context of employment law, which of the following are required for an employee to bring action for unfair dismissal?
1) Employee must be continuously employed for 2 years.
2) Employee must serve a grievance notice on the employer
3) Employee must bring a claim to an employment tribunal within 3 months of dismissal
a) 1 and 2 only
b) 2 and 3 only
c) 1 only
d) 1 2 and 3In the above question, option 1) mentions the time limit of 2 years which seems to be incorrect because there is no time limit for unfair dismissal whereas there is a time limit of 2 years for redundancy. So why is this option given as correct.
Also what does serving a grievance notice on the employer mean.
Further, do employees have to bring claim for dismissal within 3 months of employment only for unfair dismissal or the time period i.e. within 3 months remain same for wrongful dismissal and redundancy
That 2 year employment period still applies. The situation where it doesn’t apply is where the employee is alleging ‘automatically unfair dismissal’
“Serving a grievance notice” is where an employee writes to the employer and expresses concern / worry / dissatisfaction about someone or something at work. The employer should then consider the grievance and try to resolve the matter
For redundancy, you should appeal immediately
For a wrongful dismissal appeal, you should start your action by appealing to an Employment Appeal Tribunal within 3 months less 1 day. However, if you appeal to the Courts, your appeal must be made within 6 years
OK?
For redundancy, one should immediately go to employment tribunal. But how much duration does this immediately imply. Does it imply a day, a week or a month.
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