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Unfair dismissal: when a dismissal is unlawful and what to do

Q: When you can challenge it?

As a rule, you can bring an unfair dismissal claim with at least two years' continuous service (section 108). For a dismissal to be fair, the employer must show (section 98) the reason is one of the permitted ones: capability/qualifications, conduct, redundancy, a statutory restriction (continuing would break the law) or some other substantial reason; and that they acted reasonably — i.e. followed a proper process: investigation, warnings, a meeting, a right of appeal. No permitted reason, or an unfair process, and the dismissal is unfair.

Q: When no service is needed?

Some dismissals are automatically unfair, with no two-year requirement: for example dismissal because of pregnancy/maternity, for raising a health-and-safety concern, for whistleblowing, for asserting a statutory right, or for trade union reasons. A discriminatory dismissal (protected characteristics) can also be challenged with no service.An employment tribunal decides. The deadline is strict — usually three months less a day from the dismissal — so do not delay.

An employer cannot dismiss you «just because». A dismissal needs a permitted reason and a fair process — otherwise it is an unfair dismissal.

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An employee carrying a box of belongings out of an office — You can't be dismissed for any reason in any way — there is a law. Photo: ONLYWAY NEWS

An employee has the right not to be unfairly dismissed (Employment Rights Act 1996, section 94). To use it, you usually need some service.

When you can challenge it

As a rule, you can bring an unfair dismissal claim with at least two years' continuous service (section 108). For a dismissal to be fair, the employer must show (section 98) the reason is one of the permitted ones: capability/qualifications, conduct, redundancy, a statutory restriction (continuing would break the law) or some other substantial reason; and that they acted reasonably — i.e. followed a proper process: investigation, warnings, a meeting, a right of appeal. No permitted reason, or an unfair process, and the dismissal is unfair.

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When no service is needed

Some dismissals are automatically unfair, with no two-year requirement: for example dismissal because of pregnancy/maternity, for raising a health-and-safety concern, for whistleblowing, for asserting a statutory right, or for trade union reasons. A discriminatory dismissal (protected characteristics) can also be challenged with no service.

An employment tribunal decides. The deadline is strict — usually three months less a day from the dismissal — so do not delay.

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Published 25 October 2026, 17:12 2 min read Editorial desk of the British newspaper ONLYWAY NEWS - LONDON - UK

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