What Is Unfair Dismissal?
Unfair dismissal occurs when an employer terminates an employee's contract without a fair reason or without following a fair procedure. In most jurisdictions, employees who have worked for an employer for a qualifying period — typically one to two years — are protected against unfair dismissal by law.
Being dismissed is never easy, but understanding your rights is the first step toward getting the outcome you deserve.
What Counts as a Fair Reason for Dismissal?
Employers are generally required to have a legally recognised reason for dismissal. Commonly accepted fair reasons include:
- Conduct: Serious misconduct or repeated minor misconduct after warnings.
- Capability: The employee cannot perform their job to the required standard, including due to long-term illness.
- Redundancy: The role is no longer needed within the business.
- Statutory illegality: Continuing employment would break the law (e.g., a driver losing their licence).
- Some other substantial reason (SOSR): A catch-all category for other legitimate business reasons.
What Makes a Dismissal Unfair?
Even if a fair reason exists, a dismissal can still be ruled unfair if the employer did not follow the correct procedure. Common procedural failures include:
- Failing to give warnings before dismissing for misconduct.
- Not conducting a proper investigation.
- Denying the employee the right to be accompanied at a disciplinary hearing.
- Not offering the right to appeal the dismissal decision.
Automatically Unfair Dismissal
Some dismissals are automatically unfair, regardless of how long you've worked for the employer. These include being dismissed for:
- Pregnancy or maternity leave.
- Whistleblowing (making a protected disclosure).
- Trade union membership or activity.
- Asserting a statutory right (e.g., requesting minimum wage).
- Taking part in jury service.
How to Make an Unfair Dismissal Claim
- Check your eligibility: Confirm you meet the qualifying service period unless your dismissal is automatically unfair.
- Act quickly: There are strict time limits — typically three months minus one day from the date of dismissal to file a claim.
- Consider early conciliation: In many countries, you must go through a conciliation service (such as ACAS in the UK) before submitting a formal claim.
- Submit your claim: File your claim with the relevant employment tribunal or labour board.
- Prepare your evidence: Gather correspondence, contracts, payslips, and any witness accounts.
What Compensation Can You Receive?
If your claim is successful, you may be awarded:
- A basic award: Calculated using your age, length of service, and weekly pay (subject to a statutory cap).
- A compensatory award: To cover financial losses such as lost earnings and benefits.
- Reinstatement or re-engagement: In some cases, you may be offered your job back.
Key Takeaways
Unfair dismissal law exists to protect employees from arbitrary or procedurally flawed terminations. If you believe you've been dismissed without good reason or without due process, don't delay — speak to an employment adviser or solicitor and act within the legal time limits.