Employment Rights Act 1996, section 95

Circumstances in which an employee is dismissed

Part X Unfair dismissal

(1)F629For the purposes of this Part an employee is dismissed by his employer if (and, subject to subsection (2) . . . , only if)—

(a)the contract under which he is employed is terminated by the employer (whether with or without notice),

[F630 (b)he is employed under a limited-term contract and that contract terminates by virtue of the limiting event without being renewed under the same contract, orF630]

(c)the employee terminates the contract under which he is employed (with or without notice) in circumstances in which he is entitled to terminate it without notice by reason of the employer’s conduct.

(2)An employee shall be taken to be dismissed by his employer for the purposes of this Part if—

(a)the employer gives notice to the employee to terminate his contract of employment, and

(b)at a time within the period of that notice the employee gives notice to the employer to terminate the contract of employment on a date earlier than the date on which the employer’s notice is due to expire;

and the reason for the dismissal is to be taken to be the reason for which the employer’s notice is given.

Definitions used in section 95 6

employee

(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
employer

(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 Act
employed

and “employed” shall be construed accordingly.

Defined in s.230(5) · 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 Act
limited-term contract

(2A) For the purposes of this Act a contract of employment or other worker’s contract is a “limited-term contract” if—

(a)the employment under the contract is not intended to be permanent, and

(b)provision is accordingly made in the contract for it to terminate by virtue of a limiting event.

Defined in s.235(2A) · see it in the full Act
limiting event

(2B) In this Act, “limiting event”, in relation to a contract of employment or other worker’s contract means—

(a)in the case of a contract for a fixed-term, the expiry of the term,

(b)in the case of a contract made in contemplation of the performance of a specific task, the performance of the task, and

(c)in the case of a contract which provides for its termination on the occurrence of an event (or the failure of an event to occur), the occurrence of the event (or the failure of the event to occur).

Defined in s.235(2B) · see it in the full Act
contract of employment

(2) In this Act “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.

Defined in s.230(2) · see it in the full Act

Cases considering section 95 134

University and College Union v The University of Stirling

[2015] UKSC 26 · 29 April 2015

An employee under a limited-term contract is dismissed when the contract terminates through its limiting event without renewal under the same contract. The test employees were therefore dismissed. (see para [15])

Ian Rice v Wicked Vision Limited

[2025] EWCA Civ 1466 · 14 November 2025Defines

The court relied on the statutory definition of dismissal in section 95 when construing the phrase detriment amounting to dismissal within Part X. (see paras [29]; [68]-[69])

Timis & Anor v Osipov & Anor

[2018] EWCA Civ 2321 · 19 October 2018Defines

The statutory definition treats dismissal as termination by the employer, expiry of a limited-term contract, or qualifying termination by the employee. Its employer-focused language informed the construction of section 47B(2) (see paras [8]; [60]; [75]).

114 more judgments, and what each says about section 95, are in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F629Words in s. 95(1) repealed (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1)(2), 59(2)-(4), Sch. 1 para. 29, Sch. 2; S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)
  2. F630S. 95(1)(b) substituted (1.10.2002) by virtue of The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (S.I. 2002/2034), reg. 11, Sch. 2 Pt. 1 para. 3(7) (with regs. 13-20 and subject to transitional provisions in Sch. 2 Pt. 2)

Modifications

  1. C121S. 95(1)(c) restricted (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 10(3)(b)