Topics

Unfair dismissal

New and updated

  • Type:
    Employment law guide

    Unfair dismissal: contravention of statutory duty or restriction

    This guide describes the potentially fair reason for dismissal due to a contravention of a statutory duty or restriction (sometimes referred to as a "statutory bar" dismissal). The dismissal of an employee may be fair if they are unable to continue working without contravening a duty or restriction (either on their part or that of their employer) imposed by legislation (such as a driving disqualification for an employee whose duties involve driving).

  • Type:
    Employment law guide

    Unfair dismissal: conduct

    This guide explains conduct, which is one of the potentially fair reasons for dismissal in an unfair dismissal claim. An unfair dismissal claim involving misconduct generally revolves around whether the decision to dismiss fell within the range of reasonable responses and the employer followed a fair procedure in line with the "Acas code of practice on disciplinary and grievance procedures".

  • Type:
    Employment law guide

    Unfair dismissal: some other substantial reason

    This guide breaks down "some other substantial reason" for dismissal, which is one of five potentially fair reasons capable of justifying dismissal. Examples of situations that can, depending on the circumstances, fall within this potentially fair reason for dismissal include third-party pressure to dismiss, personality clashes, and reputational damage.

  • Type:
    Employment law guide

    Unfair dismissal: capability or qualifications

    This guide explains lack of capability or qualifications, which is one of five potentially fair reasons capable of justifying dismissal. Capability dismissals generally occur as the result of poor performance or ill health. The absence of the necessary qualifications is also a potentially fair reason for dismissal.

  • Type:
    Employment law guide

    Unfair dismissal: effective date of termination

    This guide sets out how to determine the effective date of termination. To bring an unfair dismissal claim, an individual must normally have a minimum of two years' service ending with the effective date of termination and present their claim within three months of the effective date of termination. This means that determining the effective date of termination can be an important preliminary issue in an unfair dismissal claim.

  • Date:
    28 May 2025
    Type:
    News

    WFH for important meeting was acceptable, tribunal rules

    An IT director who insisted on working from home for an important meeting was unfairly dismissed, a tribunal has ruled.

  • Date:
    23 May 2025
    Type:
    News

    Sighing in frustration at colleague was discriminatory, judge rules

    A worker was subject to disability discrimination after his manager repeatedly sighed and made 'exaggerated exhales', an employment tribunal has found.

  • Type:
    Employment law guide

    Unfair dismissal: qualifying conditions for claiming

    This resource is kept under review and updated in line with developments.

  • Date:
    17 April 2025
    Type:
    Podcasts and webinars

    Podcast: Employment Rights Bill - what's new, what's been dropped?

    In October 2024 the Government launched a major overhaul of employment law in the form of the Employment Rights Bill. A number of important amendments have been introduced since the proposed legislation was first published. Stephen Simpson, principal editor at Brightmine, joins the podcast to provide an update and help HR departments prepare for the changes.

  • Type:
    FAQs

    What is the unfair dismissal basic award?

    Updated to reflect statutory limits in place from 6 April 2025. 

About this topic

HR and legal information and guidance relating to unfair dismissal.