AB
Andrew Bird
/

Unfair Dismissal Screener

Screens a dismissal — proposed or already done — against the unfair dismissal framework for England & Wales, and shows where it is exposed. Structures the qualifying-service question, the automatically-unfair categories (no qualifying period), and a Burchell / Polkey / band-of-reasonable-responses analysis for a solicitor to verify — it does not determine fairness. Surfaces specific procedural risks. Use when the user says 'is this unfair', 'screen this dismissal', 'ordinary unfair dismissal', 'automatic unfair dismissal', or wants a structured fairness review before or after dismissal.

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unfair-dismissal-screener

Screens a dismissal — proposed or already done — against the England & Wales unfair dismissal framework, and shows where it is exposed.

Most dismissals fail in the tribunal on process, not substance. This skill frames the qualifying-service question, checks the automatically-unfair categories that need no qualifying period, and structures the Burchell / Polkey / band-of-reasonable-responses analysis, then surfaces the specific procedural defects — as a draft for a solicitor to verify, not a determination of fairness. For employers deciding whether to proceed before a dismissal, and either side assessing the strength of a prospective claim after one.

Install

git clone https://github.com/b1rdmania/unfair-dismissal-screener ~/.claude/skills/unfair-dismissal-screener

Or in a Legalise workspace: add it from the skill library — review the manifest, grant capabilities, enable on a matter, run from chat. Every run leaves a signed, auditable record.

Usage

/unfair-dismissal-screener
/unfair-dismissal-screener --mode=pre-dismissal
/unfair-dismissal-screener --mode=post-dismissal

Run it against a matter with the start date, effective date of termination, the reason the employer advances, and the procedure followed. It returns a structured screen: eligibility, reason, substantive and procedural fairness, an indicative risk score, and an illustrative compensation range.

What it does

  • Frames the qualifying-service gate (s.108 ERA) and checks for automatically-unfair heads with no qualifying period.
  • Identifies the potentially fair reason advanced (s.98(2)) and whether it is genuine.
  • Structures the Burchell analysis for conduct cases — genuine belief, reasonable grounds, reasonable investigation — against the band of reasonable responses.
  • Structures the Polkey question and the ACAS Code uplift, and carries them through to an illustrative compensation range.
  • Produces an indicative risk score with the reasoning visible, and marks every uncertain point inline — [CITE NEEDED], [SME VERIFY] — so nothing reads as settled.

What it doesn't do

  • Determine fairness — that is the Tribunal's call on facts and witnesses the prompt never sees.
  • Predict the outcome — the risk score is indicative, not a calibrated probability.
  • Give legal advice — it is a draft screen for solicitor review, and a solicitor owns the conclusion.
  • Quantify pension loss precisely, or cover redundancy selection-criteria challenges in detail.
  • Cover Scotland or Northern Ireland.
  • Verify statute or case law against a live source — check every citation and recompute every figure before relying on it.

Requirements

  • Claude Code or Claude Cowork. No MCP connectors required.
  • A matter to run against (the dismissal facts, the reason advanced, the procedure followed).

License

Apache-2.0.