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Unfair Dismissal.

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Craftypig | 23:45 Tue 02nd Mar 2010 | Law
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If you wanted to sue a former employer for unfair dismissal does it have to be done within a certain amount of time such as 6 - 12 months, for instance?
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Is there a time limit for bringing an Unfair Dismissal Claim ?

An employee must bring an Unfair Dismissal claim within 3 months of being dismissed.

Extensions of this time are very rare, if an employee does not bring a claim within this time the employee will lose the right to claim.

Under the Employment Act 2002 it will be a requirement to raise a grievance first with the employer, before making a claim to a tribunal.

An employee should seek legal advice as soon as they are dismissed, giving their solicitor time to investigate the case and apply for an extension to the time limit to bring a tribunal claim, if necessary.
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thanks humpy, now lets say that it was not possible to make such a claim due to a police investigation, an employee is sacked due to allegations that are being investigated by the police, 12 months later the investigation is closed with no charges brought against the emplyee, would such a situation make it possible for a claim of unfair dismissal to be brought agains an employer under those circumstances?
Probably not. Humpy's 3rd and 5th paragraph both apply.
There was nothing to stop the claim for Unfair Dismissal being registered within the first 3 months - irrespective of any police investigation.
Get a second opinion to AB if you wish by referring to CAB.
The circumstances that led to the CPS / police deciding there were no charges to be brought does not provide assistance to any argument that an unfair dismissal occurred.

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