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Legal tests

If you are considering making a claim for unfair dismissal to an employment tribunal, you need to think about how strong your claim is to see if it is worth pursuing. The tribunal will apply certain legal tests to a claim for unfair dismissal to decide whether it will be successful or not. These documents go through the legal tests a tribunal will apply to claims of unfair dismissal in common situations to help you decide how strong your claim might be.

Legal tests for unfair dismissal claims - misconduct

Legal tests an employment tribunal (ET) will apply to a claim for unfair dismissal for misconduct.

Legal tests for unfair dismissal claims - redundancy

Legal tests an employment tribunal (ET) will apply to decide whether you've been unfairly dismissed or made redundant.

Legal tests for unfair dismissal claims - long term sickness

Legal tests an employment tribunal (ET) will apply to a claim for unfair dismissal because of long-term sickness.

Legal tests for unfair dismissal claims - capability

Legal tests an employment tribunal (ET) will apply to decide whether your dismissal for poor performance can be justified.