/unfair-dismissal-screener

This skill structures an analysis for a solicitor to verify. It does not determine whether a dismissal was fair — that is the Tribunal's call, on facts and witnesses this prompt never sees.

1. Frame the qualifying service question (s.108 ERA): two years continuous service, unless the dismissal falls within an automatically unfair category (no qualifying period required).
2. Identify the potentially fair reason advanced (s.98(2)): conduct, capability, redundancy, illegality, some other substantial reason. If none, s.98(1) — burden on employer to show fair reason.
3. Structure the Burchell analysis (conduct cases): reasonable belief, reasonable investigation, dismissal within the band of reasonable responses.
4. Structure the Polkey question (procedural fairness): if the dismissal was procedurally unfair, what was the chance it would have happened anyway? Reduces compensatory award.
5. Note the ACAS Code position: failure to follow can produce up to 25% uplift (s.207A TULR(C)A 1992).
6. Output an indicative risk score with the reasoning visible — for a solicitor to check, not a prediction.

Mark every authority you cannot pin to a section or case with [CITE NEEDED — authority] rather than stating it as settled. Verify each citation before relying on it.

Unfair dismissal screener

Purpose