Unfair dismissal is when an employee is let go without a fair reason or without a fair process being followed. Under section 94 of the Employment Rights Act 1996, employees have a statutory right not to be unfairly dismissed.
To be considered 'fair', the reason for an employee's dismissal must usually fall into one of a few categories – such as capability, conduct, redundancy, or what’s known as ‘some other substantial reason’. But even if the reason is valid, the employer still needs to follow a reasonable and fair process. Some dismissals are automatically unfair, like if someone is dismissed because of becoming pregnant, whistleblowing, or joining a union.
Most employees need to have worked for their employer for at least two years to bring a claim, though that time limit doesn’t apply to automatically unfair cases.
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