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EMPLOYEE INFORMATION

UNFAIR DISMISSAL

Unfair dismissal occurs when an employer:

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

• did not follow a fair and reasonable procedure.

 

1. Eligibility – current law (2026)

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

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2. Planned changes (coming into force in 2027)

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

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It is expected to take effect in 2027.

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3. Automatically unfair dismissal

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In certain situations, no qualifying period is required.

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A dismissal is automatically unfair if the reason was:

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• 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.

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In these cases, the employer cannot justify the dismissal.

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4. What counts as a “fair reason”?

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The law recognises five categories:

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• conduct,

• capability or performance,

• redundancy,

• illegality,

• “some other substantial reason” (SOSR).

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

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5. What is a fair procedure?

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A fair process usually includes:

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• investigation,

• written explanation of concerns,

• opportunity to respond,

• right to be accompanied,

• consideration of alternatives,

• right of appeal.

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

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

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• assess whether the dismissal was lawful,

• understand your potential claims,

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

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Marta Inkin (MCILEX)
UK Employment Law Consultant
Solidum Solicitors,
316 Northolt Rd,
South Harrow,
Harrow HA2 8EE
Website: martainkin.co.uk
Telephone: 0207 036 1900

Solicitors Regulation Authority. SRA number: 634883

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