What counts as unfair dismissal?

Question

I keep hearing the phrase unfair dismissal but I am not sure what actually makes a dismissal unfair in law. Can you explain in plain terms?

Jacob Cox · Accepted Answer

In plain terms, a dismissal is unfair if the employer either did not have a legally fair reason for it or did not follow a fair process, and you have the right to bring that claim once you have around two years of continuous service. The law recognises a limited set of potentially fair reasons: conduct, capability or performance, redundancy, a legal reason that prevents you doing the job, and a catch-all called some other substantial reason. Even with a fair reason, the employer has to act reasonably, which usually means investigating, holding a proper meeting, letting you respond, and offering a right of appeal. Skipping those steps can make an otherwise justifiable dismissal unfair. Some dismissals are automatically unfair from day one, with no service requirement, including those linked to pregnancy or maternity, whistleblowing, trade union activity or asserting a statutory right.

Luna Murphy · Answer

It is also worth separating unfair dismissal from discrimination and from wrongful dismissal. Discrimination claims relate to protected characteristics such as sex, race, disability or age and do not need any minimum service. Wrongful dismissal is about not being given the notice your contract requires. If you are considering a claim, note the strict time limit of three months less a day, with ACAS early conciliation required before you can issue in the tribunal. Given the deadlines and the overlap between these claims, early advice helps. This is general guidance rather than advice on your case.

What counts as unfair dismissal?

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