Employment Law A-Z - U is for... Unfair Dismissal

U is for… Unfair Dismissal

A claim for unfair dismissal occurs when an employee is dismissed outside of one of the five potentially fair reasons, as set out in legislation. Employers must follow a fair process and procedure and if they reach a decision to dismiss, this must fall within the range of reasonable responses for the scenario.

This currently requires an employee to have two years’ service to bring a claim in an Employment Tribunal. However, this is also under review in the draft Employment Rights Bill and whilst no changes will likely come into force until Autumn 2026, the right to not be unfairly dismissed is proposed to be a Day One Right (subject to a probationary period, currently expected to be for nine months). We will continue to monitor the developments on this topic.