Unfair Dismissal
Most employees have the right not to be dismissed unfairly. Under UK employment law, a dismissal will only be fair if:
- The employer has a genuine fair reason for dismissal; and
- The employer follows a fair and reasonable process.
There are five potentially fair reasons for dismissal:
- Redundancy
- Capability or performance
- Conduct or misconduct
- Illegality or statutory restriction (e.g., employee can no longer legally perform the job)
- Some other substantial reason (SOSR) – a broad category for workplace situations that do not fit neatly into the others
If the employer cannot show one of these reasons – or does not follow a fair procedure – the dismissal may be legally considered unfair.
Employees usually need two years’ continuous service to bring a claim for unfair dismissal, although there are important exceptions, especially where discrimination or whistleblowing is involved.
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Why Unfair Dismissal Matters
A claim for unfair dismissal can be complex to bring and complex to defend. Each case depends on:
- The fairness of the reason for dismissal
- The procedures followed
- The evidence available
- How the employer communicated and behaved during the process
At Thrive Law, we regularly support both employees bringing unfair dismissal claims and employers defending them.
Time Limits: Act Quickly
If you have been dismissed, you have:
- Three months less one day from the date of dismissal to start ACAS Early Conciliation (which is required before bringing a Tribunal claim).
It is important to seek advice as soon as possible so that your position and options can be assessed early and deadlines are not missed.
When a Dismissal May Be Unfair
Examples of situations where a dismissal may be unfair include being dismissed because you:
- Requested maternity leave or pregnancy-related rights
- Joined or took part in trade union activity
- Requested flexible working
- Needed time off for jury service
- Raised concerns or asserted your legal rights (for example, regarding minimum wage, breaks, or working time)
- Raised concerns about wrongdoing (potentially whistleblowing)
Many of these situations may also involve automatically unfair dismissal, where the employee does not need two years’ service to claim.
Constructive Dismissal vs. Unfair Dismissal
These terms are often confused, but they are different:
|
Term |
What It Means |
|
Unfair Dismissal |
The employer dismissed the employee, but did not have a fair reason or follow a fair process. |
|
Constructive Dismissal |
The employee resigns because the employer’s conduct has fundamentally breached their contract – for example, bullying, discrimination, major changes to role, or non-payment of salary. The resignation is treated as a dismissal in law. |
Both can lead to Employment Tribunal claims if certain legal thresholds are met.
How Thrive Law Can Help
For Employees
We can help you to:
- Assess whether your dismissal may be unfair or constructive
- Understand your legal rights and possible outcomes
- Begin ACAS Early Conciliation on your behalf
- Prepare and pursue a claim in the Employment Tribunal
- Negotiate settlement where appropriate
Our approach is supportive, strategic and focused on securing the best outcome for you.
For Employers
We support employers to:
- Make fair and lawful dismissal decisions
- Manage performance, conduct or redundancy processes correctly
- Respond to grievances and ACAS conciliation
- Defend Employment Tribunal claims effectively
- Reduce risk and maintain positive workplace culture
Preventative advice is often the most cost-effective approach.
Get in Touch
If you believe your dismissal may have been unfair – or if you are an employer seeking guidance on managing dismissals correctly – we are here to help.
Contact us at enquiries@thrivelaw.co.uk to speak with an employment law specialist.
We will work with you to achieve a fair and legally sound outcome.
