Unfair dismissal occurs when an employer:

​

• did not have a fair reason to dismiss you, or

• did not follow a fair and reasonable procedure.

 

1. Eligibility – current law (2026)

​

To bring an ordinary unfair dismissal claim, an employee must have at least 2 years of continuous service with the employer.

​

2. Planned changes (coming into force in 2027)

​

The government has announced its intention to abolish the 2‑year qualifying period, but this change is not yet in force.

​

It is expected to take effect in 2027.

​

3. Automatically unfair dismissal

​

In certain situations, no qualifying period is required.

​

A dismissal is automatically unfair if the reason was:

​

• pregnancy or maternity,

• paternity, adoption or parental leave,

• raising health and safety concerns,

• asserting statutory rights (e.g., paid holiday),

• refusing unsafe work,

• whistleblowing,

• trade union activity,

• minimum wage enforcement.

​

In these cases, the employer cannot justify the dismissal.

​

4. What counts as a “fair reason”?

​

The law recognises five categories:

​

• conduct,

• capability or performance,

• redundancy,

• illegality,

• “some other substantial reason” (SOSR).

​

Even with a fair reason, the dismissal may still be unfair if the procedure was flawed.

​

5. What is a fair procedure?

​

A fair process usually includes:

​

• investigation,

• written explanation of concerns,

• opportunity to respond,

• right to be accompanied,

• consideration of alternatives,

• right of appeal.

​

6. What to do if you think your dismissal was unfair

​

If you believe your dismissal was unfair, I can help you:

​

• assess whether the dismissal was lawful,

• understand your potential claims,

• explore options such as negotiation, a Settlement Agreement or a Tribunal claim.