Unfair Dismissal

Losing your job unexpectedly can be upsetting, especially if you feel the decision was unjustified. UK employment law protects employees against unjust termination, requiring employers to have a valid legal reason and follow a fair procedure before dismissing staff.

Qualifying Service and Fair Reasons for Dismissal

To claim ordinary unfair dismissal, you generally need 2 years of continuous service with your employer. Under the Employment Rights Act, an employer must prove that dismissal was for one of five potentially fair reasons:

1. Capability or performance (inability to perform job duties)
2. Conduct or behaviour at work
3. Genuine redundancy
4. Statutory restriction (continuing employment would break the law, such as losing a required licence)
5. Some Other Substantial Reason (SOSR)

Even if a fair reason exists, the employer must follow a fair procedure. This includes carrying out an investigation, holding a formal disciplinary meeting, allowing you to be accompanied, and giving you the right to appeal (following the Acas Code of Practice).

Automatically Unfair Dismissals

Some reasons for dismissal are classed as automatically unfair. For automatically unfair dismissals, you do NOT need 2 years of service—you are protected from your first day of work.

A dismissal is automatically unfair if it is connected to:

• Pregnancy, childbirth, or statutory maternity/parental leave
• Whistleblowing (making a protected disclosure)
• Asserting statutory rights (such as asking for minimum wage or rest breaks)
• Trade union membership or participation in official union activities
• Jury service
• Highlighting health and safety hazards

Constructive Dismissal

Constructive dismissal occurs when you feel forced to resign because your employer has committed a serious breach of contract (a fundamental breach). Examples include non-payment of wages, unreasonable unilateral changes to your job role, or failing to address severe bullying. Resigning to claim constructive dismissal carries risk, so seek advice before taking action.

Challenging an Unfair Dismissal

If you believe you were unfairly dismissed, start by appealing internally through your employer's grievance or appeal procedure. If the issue remains unresolved, you must contact Acas for Early Conciliation before submitting an Employment Tribunal claim. Strict time limits apply: you must start Acas Early Conciliation within 3 months minus 1 day from the date of dismissal.

Read step-by-step guidance on GOV.UK's dismissal page or review Citizens Advice dismissal guide.