The right
Part X Unfair dismissal
(1)An employee has the right not to be unfairly dismissed by his employer.
(2)M31Subsection (1) has effect subject to the following provisions of this Part (in particular sections 108 to 110) and to the provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 (in particular sections 237 to 239).
(1) In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.
Defined in s.230(1) · see it in the full Act(4) In this Act “employer”, in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed.
Defined in s.230(4) · see it in the full Act(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.
Defined in s.230(6) · see it in the full ActThe right not to be unfairly dismissed is available only to an employee. The claimant’s inability to establish a contract of employment therefore required dismissal of her claim (see paras [1]; [27]).
Section 94(1) has an implied territorial limitation but can apply to overseas employment where the connection with Great Britain and British employment law is sufficiently strong. It applied to this commuter employment, giving the tribunal jurisdiction (see paras [26]-[29]; [35]-[36]).
Section 94(1) exceptionally applies to overseas employment where the relationship has overwhelmingly stronger connections with Great Britain and British employment law than with any other system. The teachers satisfied that requirement because of the cumulative employment factors identified by the Court (see paras [5]-[8]; [16]-[17]).
99 more judgments, and what each says about section 94, are in the case-law panel in the full Act.