What Is Unfair Dismissal?
Unfair dismissal happens when your employer ends your employment:
- Without a fair reason
- Without following a fair process
- For a reason that is unlawful
- In a way that is unreasonable in the circumstances
Most employees gain protection from unfair dismissal after 2 years of continuous service, but there are important exceptions.
Automatically Unfair Dismissal (No Minimum Service Required)
Some dismissals are automatically unfair, meaning you do not need 2 years' service. These include being dismissed for:
- Pregnancy or maternity
- Whistleblowing
- Health & safety activities
- Trade union membership
- Raising concerns about discrimination
- Exercising statutory rights (e.g., minimum wage, holiday pay)
- Refusing to work in unsafe conditions
- Flexible working requests (in some cases)
If any of these apply, the dismissal may be unlawful.
Fair Reasons for Dismissal (But Only With a Fair Process)
Employers can only dismiss you for one of the following fair reasons:
1. Conduct
- Misconduct
- Gross misconduct
2. Capability
- Performance issues
- Long term sickness
3. Redundancy
4. Statutory Restriction
Example: losing a licence required for the job.
5. "Some Other Substantial Reason" (SOSR)
Examples:
- Breakdown in working relationships
- Business reorganisation
Even if the reason is fair, the process must also be fair.
What Makes a Dismissal Unfair?
A dismissal may be unfair if your employer:
- Didn't investigate properly
- Didn't follow the ACAS Code
- Didn't give you a chance to respond
- Didn't consider alternatives
- Acted inconsistently
- Used biased or flawed evidence
- Rushed the process
- Targeted you unfairly
- Dismissed you for a discriminatory reason
Any of these may make the dismissal unlawful.
Examples of Unfair Dismissal
- Being dismissed without warning for minor issues
- Being dismissed for sickness without a fair capability process
- Being dismissed after raising a grievance
- Being dismissed for whistleblowing
- Being dismissed due to pregnancy or maternity
- Being dismissed after requesting reasonable adjustments
- Being dismissed for refusing unsafe work
- Being dismissed without evidence or investigation
Your Rights During a Dismissal Process
You have the right to:
1. A Fair Investigation
Your employer must gather evidence and speak to relevant parties.
2. A Disciplinary or Capability Hearing
You must be allowed to:
- See the evidence
- Present your case
- Bring a representative
3. A Written Outcome
The decision must be clear and evidence based.
4. An Appeal
You must be given the chance to appeal the decision.
When You Can Claim Unfair Dismissal
You may be able to claim unfair dismissal if:
- You have 2+ years' service
- The dismissal was automatically unfair
- The dismissal was discriminatory
- The process was fundamentally flawed
Claims must usually be made within 3 months minus 1 day of the dismissal.
Compensation for Unfair Dismissal
If successful, you may receive:
Basic Award
Calculated like redundancy pay.
Compensatory Award
Covers:
- Lost earnings
- Loss of benefits
- Future loss of earnings and pension loss
Reinstatement or Re engagement
In rare cases, you may be offered your job back.
How to Protect Yourself If You Think You're Being Unfairly Dismissed
- Request all evidence in writing
- Keep detailed notes
- Save emails and messages
- Ask for the process to follow the ACAS Code
- Submit a written statement
- Appeal the decision
- Seek early advice
Unfair Dismissal FAQs
- Warnings are normally required except for gross misconduct
- 2 years' service is not needed for automatically unfair or discriminatory dismissals
- Dismissal while off sick requires a fair capability process
- Dismissal for raising concerns may be victimisation or whistleblowing detriment