A dismissal may be fair or unfair depending on the circumstances of the dismissal.
You need to work through the following four steps to identify whether you can make a claim for unfair dismissal:-
Step one: who cannot claim unfair dismissal
There are some employees who can never claim unfair dismissal. They are:-
People who are not employees, such as independent contractors or freelance agents. Employers often claim that people who are actually employees are self-employed. It is important to check the relationship between the employee and their ’employer’, because this will determine the employee’s actual employment status .
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