What is unfair dismissal?

If you've been employed for at least 2 years, you have the right not to be unfairly dismissed. This means your employer can't just sack you—they need a legally valid reason AND they must handle it fairly.

But here's the big change: from January 1, 2027, that 2-year requirement drops to just 6 months. If you'll be in a job for 6 months or longer, you're protected.

This matters because unfair dismissal claims can result in compensation of up to £123,543 (as of April 2026). Employers know this. That's why many won't fire you without a solid reason—or at least without making it look like they have one.

Your employer can only fairly dismiss you for one of these five reasons:

• Conduct: Genuine misconduct (theft, violence, gross insubordination, breaking company policy). But they must investigate fairly and give you a chance to defend yourself.
• Capability: You can't do the job properly (poor performance, lack of qualifications). They must give you training, warnings, and a fair chance to improve.
• Redundancy: Your role genuinely no longer exists. The business is closing, relocating, or needs fewer people. But selection must be fair and objective.
• Statutory: Keeping you employed would break the law (e.g., a lorry driver loses their license and can't legally do the job).
• Some other substantial reason (SOSR): Rare circumstances—usually reorganisations or business reasons. Must be legitimate and serious.

Just having a reason isn't enough. Your employer must also follow a fair process:

• Investigation: If it's misconduct, they must gather facts and evidence first. They can't just assume you're guilty.
• Notification: You must know what you're accused of and what the evidence is. In writing, with enough detail to respond.
• Right to be heard: You get a disciplinary hearing where you can explain yourself and bring a colleague or union rep with you.
• Right to appeal: If you're dismissed, you can appeal to a senior manager who wasn't involved in the original decision.

If your employer skips these steps, the dismissal is unfair—even if they had a fair reason.

Some reasons for dismissal are automatically unfair regardless of how long you've worked there or whether the process was fair. These include:

• Pregnancy or pregnancy-related illness
• Parental leave (maternity, paternity, adoption)
• Whistleblowing (reporting wrongdoing, health and safety issues, or legal breaches)
• Protected activities (asserting your rights, like asking for written terms or requesting time off)
• Trade union activity
• Jury service
• Asserting minimum wage or working time rights (the Working Time Regulations)

If you're dismissed for any of these reasons, it's automatically unfair. No qualifying period. No "fair process" exception. You can claim immediately.

First: act quickly. You have 3 months minus 1 day from the date you were dismissed to start ACAS early conciliation. After that, you lose the right to claim.

1. Contact ACAS (0300 123 1100) to start early conciliation. This is free and confidential. You don't need a solicitor.
2. ACAS will try to help you and your employer agree on a settlement (often better than going to tribunal).
3. If conciliation fails, ACAS will issue a certificate after a month. You then have 3 months to submit your claim (ET1 form) to the Employment Tribunal.
4. You can represent yourself at tribunal, but many people use a solicitor or union rep.