Unfair dismissal can have serious consequences. Employees should know their legal rights, time limits, and claim options. Seek clear, expert advice early to protect your position and achieve the best outcome.
Losing your job unexpectedly can be overwhelming and stressful. If you believe your employer has dismissed you without a fair reason or without following the correct process, you may have a claim for unfair dismissal under the Employment Rights Act 1996. There are strict time limits for bringing claim so it’s important that seek advice promptly.
When is a dismissal unfair?
Your employer must have a valid reason and follow a fair procedure. Common fair reasons include:
- Conduct (e.g., misconduct)
- Capability (e.g., performance or health issues)
- Redundancy
- Statutory illegality
- Some other substantial reason (e.g., breakdown of trust).
If these reasons don’t apply, or the process wasn’t fair, you may have grounds to challenge the dismissal.
No qualifying period for certain cases
Usually, you need two years’ continuous service to claim unfair dismissal. However, some dismissals are automatically unfair, and you can claim from day one of your employment. This includes where your dismissal is because of:
- Pregnancy or maternity, or other family leave
- Requesting flexible working
- Whistleblowing
- Trade union membership or activities
- Taking part in protected industrial action
- Acting as an employee representative under legislation
- Your status as a part-time or fixed-term employee
- Jury service
- Raising health and safety concerns
- Asserting statutory rights (e.g., minimum wage and working time rights).
Constructive dismissal
If you resigned because your employer seriously breached your contract, such as failing to pay you or creating a hostile work environment, you may have a constructive unfair dismissal claim.
How can we support you?
Facing dismissal is daunting, but you don’t have to navigate it alone. We provide:
- Clear, practical advice on your rights and options
- Expert guidance through appeals, Acas Early Conciliation, and Employment Tribunal claims
- Supportive representation aimed at achieving the best possible outcome, whether that’s reinstatement, re-engagement, or compensation.
We’ll talk you through every step, explain your choices, and work proactively to protect your interests.
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