Unfair dismissal laws

25th April 2018

If your employer wishes to dismiss you, they must have a good reason for doing so and must follow appropriate procedures. If they fail on either of these counts, you may be able to make a claim for unfair dismissal.

If your employer wishes to dismiss you, they must have a good reason for doing so.

Another situation in which you could make a claim for unfair dismissal is if the reason for your dismissal is inconsistent with the treatment of other employees – for example, if you are dismissed for doing something that other employees are allowed to do.

Another example is if your employer did not fully investigate the circumstances surrounding the reason they dismissed you – for example, if a colleague made accusations about your conduct in the workplace and your employer failed to verify these claims.

In most cases, you must have been employed by your employer for at least two years before you can make a claim for unfair dismissal. However, there are exceptions to this time limit, because some reasons for dismissal are automatically unfair regardless of how long you have been in a job role. You have probably suffered automatically unfair dismissal if you were dismissed because:

  • You were pregnant or on maternity leave, or for any reason related to these;
  • You were trying to enforce any right you have under employment law;
  • You were involved in ‘whistleblowing’ on a matter of public importance;
  • You took action on a health and safety issue;
  • You joined a trade union or took part in trade union activities;
  • You acted as a representative for another employee during grievance or disciplinary proceedings;
  • You worked in a shop or a betting shop and refused to work on Sundays, unless you were specifically hired to only work on Sundays.

Additionally, if you believe that you were dismissed for a discriminatory reason, even if you have not worked for your employer for the necessary time in order to claim for unfair dismissal, you can still make a claim against them for discrimination. See our discrimination post for more details.

Strikes and industrial action

If you are striking or taking part in industrial action, this can affect whether you are considered to have been unfairly dismissed or not.

A strike is when an employee or group of employees enforce a break in their work as an official demonstration. “Industrial action short of a strike”, as described in the section 229(2) of the Trade Union and Labour Relations (Consolidation) Act 1992, may include an overtime ban, or conducting a rest-day working for the purpose of authorizing industrial action.

If an employee is taking part in unofficial strike action at the time of their dismissal then their employer is immune from any unfair dismissal claim, unless the dismissal was for a reason deemed automatically unfair.

If employees take part in official strike action then it may be possible for the employer to fairly dismiss all of said employees. However, the dismissal(s) will be automatically unfair if the employer selectively dismisses certain members of staff or bases the dismissal on an automatically unfair reason.

This will include the circumstance where the strike action was official and the relevant union satisfied all the steps required to make the strike action protected, but the employees are dismissed within the first 12 weeks of the strike action.

Dismissal from work

In the majority of cases, if your employer wants to dismiss you from your job, they are required by law to follow certain procedures to ensure that everything is done fairly. Make sure you know your employment rights in a dismissal situation.

April 2018 Learn more
How to raise a grievance at work

If you have a problem at work that has not been resolved through informal discussion, your next step should be to raise a formal grievance through your employer's grievance procedure. This means they must take steps to fix the issue.

April 2018 Learn more
What to do if you are being discriminated against at work

Everyone has the right not to be subjected to discrimination at work. In this article we look at what characteristics are protected by discrimination legislation.

April 2018 Learn more

Read more from the DAS Law blog

Employment disputes Workplace stress: your responsibilities as an employer

Commenting on Stress Awareness Week, Sarah Garner, Solicitor at DAS Law, takes a look at what the law says employers needs to do about stress.

April 2024
Employment disputes International Stress Awareness Month: your workplace rights

To mark International Stress Awareness Month, Sarah Garner takes a look at what the law says your employer needs to do about workplace stress.

April 2024
Employment disputes Don’t get in trouble with the law on April Fool’s Day

When does the line between hilarious and harsh get crossed and can a prank turn into legal proceedings?

March 2024
Employment disputes Top 10 Settlement Agreement tips for employers

The purpose of a Settlement Agreement is to bring an employment relationship to an end by mutual agreement. Here are our top 10 tips for moving people on with settlement agreements.

March 2024
Employment disputes Do employees get extra pay on a leap year day?

Every four years, many workers find themselves cramming an extra day of work into an already packed year. But are workers in the UK entitled to extra pay for this extra work?

February 2024
Employment disputes How Maternity, Adoption and Shared Parental Leave regulations are changing this year

In this Bitesized Edition, we look at the new Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations, set to come into force on 6 April 2024.

February 2024
Employment disputes 9 things employers need to know about apprenticeships

With National Apprenticeship Week here, we explain what employers need to consider regarding apprenticeship schemes and their legal obligations.

February 2024
Employment disputes How flexible working regulations are changing this year

Amendments to the current flexible working legislation will come into force this year. Any flexible working applications made on or after 6 April 2024 must be dealt with in accordance with the regulations.

January 2024
Employment disputes Holiday Pay Guidance from the Government – The Bitesized Edition

The Government has issued guidance on calculating holiday pay to simplify holiday entitlement for irregular hours and part-year workers.

January 2024
General advice , Employment disputes Be on your best behaviour at your work Christmas party

Charlotte Ellis. Legal Adviser at DAS Law, looks at the rules surrounding the office Christmas party.

December 2023
Employment disputes Don’t get a red card while watching the World Cup at work

If you are planning on watching World Cup matches at work there are a number of important things to consider.

August 2023
Employment disputes How employers can prevent harassment or bullying in the workplace

Employers can be liable for employees who have subjected other employees to harassment in the workplace if they have not taken reasonable steps to prevent harassment.

July 2023
Employment disputes How “purpose or reasonable effect” can affect workplace harassment cases

Harassment in the workplace has come under a spotlight in the last few years and employers have put their policies and practices under the spotlight to ensure they are doing all they can to eliminate it.

July 2023