Unfair Dismissal – What Counts and What You Can Do
Being dismissed from your job can come as a shock — and it’s not always easy to tell whether your employer acted lawfully. At MHHP Law, we help employees understand their rights and challenge dismissals that are unfair, unreasonable, or unlawful.
What Is Unfair Dismissal?
Unfair dismissal happens when your employer ends your employment without a fair reason, or without following a fair and lawful process. By law, employers must have a good reason and follow a fair procedure — including investigation, meetings, and a right of appeal — for a dismissal to be lawful.
The law recognises five potentially fair reasons for dismissal:
- Conduct – e.g. serious misconduct or repeated poor behaviour.
- Capability – e.g. poor performance or long-term ill health.
- Redundancy – where your job is genuinely no longer needed.
- Statutory restriction – e.g. you’re no longer legally allowed to do the job.
- Some other substantial reason – a valid reason that doesn’t fall into the other categories, such as a fundamental breakdown in trust.
Even with a fair reason, employers must follow a fair process. If they don’t, the dismissal may be legally unfair.
Am I Eligible to Claim?
To bring a claim for ordinary unfair dismissal, you usually need to:
- Have been employed for at least two continuous years.
- Be an employee, not a worker or self-employed.
However, there are important exceptions. You can bring a claim without needing two years’ service if you’re dismissed for certain reasons, including:
- Pregnancy or maternity-related reasons.
- Requesting flexible working.
- Whistleblowing.
- Health and safety activities.
- Trade union membership or activities.
- Asserting a legal right (e.g. asking for minimum wage).
These are known as automatically unfair reasons, and they give you protection from day one of employment.
Signs Your Dismissal May Be Unfair
- You weren’t given a clear reason or proper explanation.
- You weren’t warned or given a chance to improve.
- You were dismissed without a fair hearing or investigation.
- Others in similar situations were treated differently.
- The real reason feels discriminatory or retaliatory.
If any of these sound familiar, get in touch. We’ll help you assess whether you have a claim.
What Can You Do About It?
You have a right to:
- Appeal the dismissal internally.
- Begin Acas Early Conciliation, which is a required first step before bringing a tribunal claim.
- Bring a claim to an Employment Tribunal — usually within three months less one day from the dismissal date.
We can guide you through each step and help you decide on the best course of action. In many cases, we can help resolve matters through negotiation without going to a tribunal.
How We Can Help
At MHHP Law, we’ll listen to your story, review your dismissal documents, and give you clear, honest advice. If you choose to challenge your dismissal, we’ll stand with you — from appeal to tribunal if needed.
If you want advice on any matters relating to employment, you can contact Tayo Taylor at tayo.taylor@mhhplaw.com or on 020 3667 4783
MHHP Law LLP – Supporting Employees Across North London and Beyond.
