Unfair Dismissal
Dismissal without fair reason or proper procedure when you have over two years' service.
What is Unfair Dismissal
Unfair dismissal occurs when you're dismissed without proper reason or procedure. To claim unfair dismissal, you typically need two years' continuous employment (changing to day one in 2026). Your dismissal must be for one of five fair reasons: capability, conduct, redundancy, statutory restriction, or some other substantial reason.
Even if your employer has a fair reason, the dismissal can still be unfair if they don't follow proper procedures. This includes failing to investigate properly, not allowing you to respond to allegations, refusing reasonable adjustments, or choosing dismissal when warnings would suffice.
Most unfair dismissal cases involve procedural failures rather than lack of fair reason. Employers often rush to dismiss employees without following their own policies or ACAS guidelines.
Common Reasons
Inadequate investigation is the most common reason we see. Employers often dismiss employees for misconduct without proper investigation, failing to consider alternative explanations or gather sufficient evidence. Predetermined conclusions, failure to interview witnesses, or ignoring contradictory evidence frequently occur.
Procedural failures include not informing employees of allegations properly, denying right to representation, inadequate appeal processes, or failing to consider alternatives to dismissal. Many employers skip disciplinary stages, jumping straight to dismissal for first offenses.
Capability dismissals often fail due to inadequate support, training, or performance management. Employers dismiss employees without reasonable adjustment periods, proper performance improvement plans, or consideration of alternative roles.
Redundancy dismissals frequently involve unfair selection criteria, inadequate consultation, or failure to consider alternative employment. Some employers use redundancy as an excuse to remove unwanted employees without following proper dismissal procedures.
Your Rights and Typical Results
General unfair dismissal compensation typically ranges £5,000-£15,000, calculated on your age, service length, and weekly pay, plus compensatory awards for losses. The amount varies significantly based on your individual circumstances and the impact of the dismissal.
If you've been dismissed without proper procedure or fair reason, you deserve compensation for your employer's failure.
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Frequently asked questions
