Unfair Dismissal: Understanding Your Rights And What To Do If Your Employer Dismisses You (24 June 2026)

Losing your job is one of the most stressful experiences an employee can face. If you believe your employer has dismissed you without a fair reason or without following a fair procedure, you may have been unfairly dismissed — and you may be entitled to bring a claim for unfair dismissal at an employment tribunal. Understanding your rights under employment law is the first step to getting the outcome you deserve.

What Is Unfair Dismissal?

Unfair dismissal occurs where an employer dismisses an employee without a potentially fair reason, or where the employer acts unreasonably in treating that reason as sufficient for dismissal, including by failing to follow a fair procedure. The law governing unfair dismissal in the United Kingdom is set out primarily in the Employment Rights Act 1996, which protects employees from arbitrary or unjustified termination of employment.

To bring a claim for unfair dismissal, you will ordinarily need to have worked for your employer for at least 2 years of continuous service. However, there are important exceptions — known as automatic unfair dismissal — where the qualifying period does not apply at all.

What Are the Fair Reasons for Dismissal?

Under the Employment Rights Act 1996, an employer can show a dismissal was fair if they can establish one of five statutory fair reasons for dismissal:

• Conduct — including gross misconduct such as theft, violence, or serious breach of company policy
• Capability — where an employee is unable to perform their role to the required standard, including due to poor attendance or ill health
• Redundancy — where the employer's need for work of a particular kind has ceased or diminished
• Statutory illegality — where continuing to employ the individual would breach a statutory restriction
• Some other substantial reason — a catch-all category for other potentially fair reasons

Having a potentially fair reason is not enough on its own. The employer must also demonstrate they followed a fair procedure and acted within the range of reasonable responses. In disciplinary and grievance-related dismissals, tribunals will also consider whether the employer complied with the Advisory, Conciliation and Arbitration Service Code of Practice on disciplinary and grievance procedures. An unreasonable failure to follow the Acas Code may result in compensation being increased by up to 25%.

What Is Automatic Unfair Dismissal?

Certain dismissals are automatically unfair under employment law, regardless of the reason the employer gives and regardless of how long you have worked for your employer. If the reason for your dismissal falls into one of these protected categories, the qualifying period of at least 2 years does not apply, and you are protected from unfair dismissal from your first day of employment.

Automatically unfair reasons for dismissal include:

• Pregnancy or maternity leave — dismissing an employee because of pregnancy, maternity leave, or a reason connected to childbirth
• Whistleblowing — making a protected disclosure about wrongdoing in the workplace
• Trade union membership or activity (or, less commonly, for not joining a trade union) — dismissal for trade union membership or participation in lawful trade union activities, including certain protected industrial action
• Health and safety reasons — raising concerns about health and safety in the workplace
• Asserting a statutory right — for example, claiming the National Minimum Wage or requesting a written statement of employment particulars
• pregnancy or?childbirth
• leaving (or refusing to attend) the workplace because of a serious and imminent danger to health and?safety
• Exercising rights under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)
• Taking parental leave, shared parental leave, or adoption leave
• Part-time or fixed-term status — in some circumstances, dismissal for asserting statutory rights related to part-time or fixed-term work may give rise to legal claims

If you believe your dismissal falls into one of these categories, you should seek legal advice as soon as possible, as strict time limits apply.

What Is Constructive Dismissal?

Constructive dismissal is a specific form of unfair dismissal where you are not formally sacked by your employer, but are instead forced to resign because your employer has seriously breached your employment contract. Common examples include a unilateral reduction in pay, a significant change to your working conditions, bullying or harassment, or a fundamental failure to address a grievance.

To bring a constructive dismissal claim, you must be able to prove that the dismissal was the result of your employer’s conduct and that you resigned in response to it. Constructive dismissal claims can be complex, and taking early legal advice is strongly recommended before you consider resigning.

How to Make a Claim for Unfair Dismissal

Step 1: Acas Early Conciliation

Before you can make an unfair dismissal claim to an employment tribunal, you must first notify Acas and go through the early conciliation process. There are strict time limits for contacting ACAS You must do so within 3 months less one day of your effective date of termination. For example, if you were dismissed on 6 April 2025, you must contact them by 5 July 2025. Missing this deadline will usually mean you lose your right to bring a claim for unfair dismissal, so acting promptly is essential. Acas will attempt to help you and your employer reach a resolution without the need for a tribunal claim. This is a mandatory step, and the conciliation period will pause your time limit for submitting a claim to the Employment Tribunal while it is ongoing.

Step 2: Observe the Strict Time Limits

Depending on how long after your dismissal you contact ACAS will affect how long from the date that they issue an ‘Early Conciliation Certificate’ that you have to submit a claim to the Employment Tribunal However you will have a minimum of 1 month.

If you have been employed for 23 months and 3 weeks and your employment is about to be terminated, you should take specialist legal advice immediately to see if it is possible to reach the 2 year qualifying period. 

Step 3: The Employment Tribunal Hearing

If conciliation through Acas is unsuccessful, you can bring a claim to an employment tribunal. The tribunal will assess whether the employer can show a fair reason for the dismissal, whether the employer followed a fair procedure, and — applying the range of reasonable responses test — whether the decision to dismiss fell within the band of decisions a reasonable employer could have made.

Whether your dismissal was fair will depend on all the circumstances, including the severity of any misconduct alleged, the employee’s length of service, and whether the employer followed the Acas Code of Practice.

What Compensation Can You Receive for Unfair Dismissal?

If your unfair dismissal claim succeeds, the tribunal can make a financial award comprising two elements:

• Basic award — calculated on the basis of your age, length of service, and weekly pay (subject to a statutory cap). The maximum basic award is updated periodically.
• Compensatory award — intended to compensate you for financial losses resulting from the dismissal, including lost earnings, pension contributions, and loss of statutory rights. The compensatory award is also subject to a statutory cap.

In automatic unfair dismissal cases involving whistleblowing or certain trade union dismissals, you may also be able to apply for interim relief — a fast-track order that can preserve your employment or income while your claim is heard. Applications for interim relief must usually be made within 7 days of dismissal.

In certain discrimination cases under the Equality Act 2010, there is no cap on compensation, and awards may include financial losses as well as compensation for injury to feelings. You may also be able to bring a discrimination claim alongside an unfair dismissal claim.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.