Unfair Dismissal.

Unfair dismissal occurs when an employer dismisses an employee without a legally fair reason or without acting reasonably in the circumstances. The Employment Rights Act 1996 recognises potentially fair reasons including conduct, capability, redundancy, illegality and some other substantial reason.

Having a potentially fair reason does not make the dismissal automatically fair. A tribunal considers the process followed and whether the employer’s decision fell within the range of reasonable responses. An employer may therefore have concerns about an employee’s performance yet still dismiss them unfairly if it failed to investigate or give them a fair opportunity to respond.

For dismissals taking effect before 1 January 2027, an ordinary unfair dismissal claim generally requires two years’ continuous service. The qualifying period is scheduled to reduce to six months for dismissals from 1 January 2027. Certain automatically unfair dismissal claims do not require the usual qualifying service, while discrimination and some other statutory claims have different eligibility rules.

For example, a dismissal linked to whistleblowing, certain health and safety activities or the assertion of particular statutory rights may be automatically unfair without the usual qualifying service. If your dismissal is connected to pregnancy or another protected characteristic, you may also have a separate discrimination claim. Your solicitor should review all potential grounds.

A dismissal may be unfair where an employer relies on allegations it has not properly investigated, gives the employee no reasonable chance to explain, ignores important evidence or chooses an unreasonable sanction. A flawed disciplinary process may be central to the claim.

Redundancy dismissals can also be unfair if selection or consultation was unreasonable. Other cases involve a failure to consider adjustments connected with disability or dismissal after an employee raises protected concerns. The issue is not whether the decision felt harsh but whether the legal test for fairness is met.

Where the employee resigns because of a serious contractual breach, the question may instead involve constructive dismissal.

An internal appeal can sometimes secure reinstatement, correct factual mistakes or strengthen the record of what happened. Read the appeal instructions and deadlines in your employer’s correspondence or policy. Set out the grounds clearly and attach relevant evidence.

You do not have to abandon your claim just because your appeal is unsuccessful. Nor does an appeal automatically extend the statutory tribunal deadline. We can advise on the appeal and, where appropriate, pursue a negotiated settlement agreement alongside it.

Usually, the steps are to establish eligibility, gather the employment and dismissal documents, calculate the correct deadline and notify Acas. Early Conciliation allows the parties to explore settlement before a tribunal claim is submitted.

If the dispute is not resolved, the claim must be brought within time and set out the legal and factual case. Later stages may involve disclosure, witness statements, preliminary hearings and a final hearing. Our Employment Tribunal solicitors can explain what is involved and represent you where instructed.

For most Employment Tribunal claims arising from events on or after 1 October 2026, the usual deadline is six months less one day. Events before that date will generally retain the previous three-month limit, subject to claim-specific exceptions. The date from which time runs depends on the claim, so identify it carefully.

You usually need to notify Acas before bringing a claim. Doing so within time can pause the limitation clock while Early Conciliation takes place. An internal grievance, disciplinary appeal or settlement discussion does not itself extend the deadline. Some urgent claims, including applications for interim relief, have much shorter limits. Our Employment Tribunal solicitors can help you establish the deadline that applies.

The remedy depends on the claim and circumstances. A successful ordinary unfair dismissal claim may result in a basic award and a compensatory award for actual financial loss. Factors include previous pay, length of service, efforts to obtain new work and whether a reduction is appropriate. In some cases reinstatement or re-engagement may be considered, although these remedies are uncommon.

In November 2026 the ordinary compensatory award cap remains in force. Legislation provides for its removal for the relevant dismissals from 1 January 2027. Compensation is not automatic and you should not assume the tribunal will replace every pound of expected future earnings.

Unfair dismissal and discrimination are separate legal claims and may be brought together where the evidence supports both. For example, a disabled employee who is dismissed following an absence process may need advice about reasonable adjustments as well as the fairness of the dismissal.

Claims under the Equality Act 2010 have different eligibility requirements and potential remedies. We can review whether the facts also support a workplace discrimination claim.

The total cost depends on whether the claim settles, the number of issues and witnesses, the amount of evidence and whether a hearing is needed. Costs can include solicitors’ work and agreed third-party expenses, such as counsel’s fees, expert evidence or travel, where applicable. You do not currently pay an issue fee to bring an Employment Tribunal claim, but costs orders remain possible in certain circumstances.

The firm’s published employment law fees sets out its current disclosure for unfair and wrongful dismissal tribunal work. Before instructing us, we will explain which stages are likely to be needed and which third-party costs may arise.