What is a fair dismissal process?

Having a fair reason (conduct, capability, redundancy) is only half the story. Your employer must also follow a fair process. If they skip steps, the dismissal is unfair—even if the reason was solid.

The main steps are: investigate, notify, hold a disciplinary hearing where you can be heard, and allow appeal. Your employer doesn't need a lawyer, but you can bring a colleague or union rep.

• Investigation: For misconduct, your employer must investigate first. Gather facts, evidence, and statements. They can't just assume you're guilty.
• Notification: Tell you in writing what you're accused of, what the evidence is, and when the hearing will be. Give you enough time to prepare (at least 5 days).
• Disciplinary hearing: You have the right to attend, hear the allegations, see the evidence, and explain yourself. You can bring a colleague or union rep to support you.
• Decision: Your employer considers your response, decides if dismissal is justified, and tells you the outcome in writing with reasons.
• Appeal: You have the right to appeal to someone not involved in the original decision. The appeal is a genuine review, not just a formality.

If your employer dismisses you without following these steps, the dismissal is unfair—even if they had a fair reason. For example:

• No investigation before dismissal for alleged misconduct = unfair
• No hearing where you can explain yourself = unfair
• No appeal right or sham appeal = unfair
• Dismissal announced before the hearing = unfair

You have the statutory right to be accompanied at a disciplinary hearing by a colleague or union rep. They can listen, advise, and help you speak, but they usually cannot do all the talking for you. Your employer cannot deny you this right.

You can also bring a solicitor or barrister, but your employer doesn't have to agree to this—they only need to allow a colleague or union rep.

Document everything. Write down what happened, what steps were skipped, and when.

Contact ACAS quickly. You have 3 months minus 1 day from dismissal to start ACAS conciliation. Call 0300 123 1100.

Gather evidence. Emails, meeting notes, your contract, anything showing what process was (or wasn't) followed.