Losing your job unfairly can be devastating.

UK law protects employees from being dismissed without a fair reason or process.

This guide explains your rights, the tribunal process, and how to maximise your claim.

Unfair dismissal occurs when your employer terminates your employment without a fair reason or without following the correct procedure. It is one of the most common issues in UK employment law and a key area where employees seek legal advice.

The law that governs unfair dismissal is primarily found in the Employment Rights Act 1996, which gives eligible employees the right to challenge their dismissal at an Employment Tribunal.

There are two main ways a dismissal can be unfair:

1. The employer did not have a fair reason for dismissal.

2. The employer did not follow a fair procedure.

Employers can only dismiss employees for a small number of legally recognised reasons. These include:

• Capability – for example, if you are unable to perform your role due to lack of skill, training, or ill health.

• Conduct – including misconduct or gross misconduct such as theft, violence, or repeated absence without leave.

• Redundancy – where your role is genuinely no longer required.

• Statutory restriction – if continuing to employ you would break the law (e.g. a driver losing their licence).

• Some other substantial reason – a catch-all category for other justifiable business reasons.

If your dismissal does not fall into one of these categories, it may be considered unfair.

In certain cases, a dismissal is automatically unfair, regardless of the reason your employer gives. These include dismissal connected to:

• Pregnancy, maternity, paternity, or adoption leave.

• Whistleblowing (raising concerns about wrongdoing).

• Trade union membership or activities.

• Health and safety concerns raised by the employee.

• Discrimination under the Equality Act 2010 (e.g. age, gender, disability, race, religion, sexual orientation).

In these situations, you do not need two years of service to make a claim.

Even if your employer has a potentially fair reason to dismiss you, they must also follow a fair process. This usually includes:

• Investigating allegations thoroughly.

• Providing you with written notice of the allegations.

• Allowing you to state your case at a disciplinary or capability hearing.

• Allowing you to be accompanied at hearings.

• Providing warnings in less serious cases.

• Offering an appeal process.

If your employer failed to follow these steps, the dismissal may be unfair.

To bring a claim, you must usually:

• Be an employee (not self-employed or a contractor).

• Have worked for your employer continuously for at least two years (unless the dismissal is automatically unfair).

Strict time limits apply. You must start the claim process within three months less one day of your dismissal date. Before making a tribunal claim, you must notify ACAS (Advisory, Conciliation and Arbitration Service) and go through Early Conciliation.

If your claim is successful, the tribunal can order:

• Reinstatement – you return to your old job.

• Re-engagement – you return to a comparable role.

• Compensation – the most common remedy, usually made up of:

  • Basic award – calculated using your age, length of service, and weekly pay.

  • Compensatory award – covering actual financial losses such as wages, benefits, and pension contributions.

A solicitor will:

• Assess the strength of your claim.

• Gather evidence such as emails, contracts, and witness statements.

• Represent you during ACAS conciliation.

• Prepare and present your case at the Employment Tribunal.

• Negotiate a settlement if this is in your best interest.

Early advice can make the difference between a strong case and one that fails on technicalities.

Unfair dismissal law exists to protect employees from arbitrary or unlawful treatment. If you believe you’ve been unfairly dismissed, time is critical- seek legal advice quickly to protect your rights.

Call Samir Moftah today on 07731 868 916 or 01689 870 769

Email: info@manaksolicitors.co.uk

How much compensation can I get for unfair dismissal?

It depends on your circumstances. The compensatory award is capped at one year’s gross pay or a statutory maximum (whichever is lower).

Can I claim if I resigned?

Yes, in cases of constructive dismissal, where your resignation was forced by your employer’s conduct.

Do I need two years of service?

Not if your dismissal was automatically unfair (e.g. discrimination, whistleblowing, pregnancy).