Unfair dismissal
Editor's message: The right not to be unfairly dismissed is probably the most important statutory right that employees have, but at the moment, they need to have at least two years’ service to bring a claim (unless the reason for dismissal is automatically unfair and the minimum service requirement does not apply).
However, the Employment Rights Bill, published on 10 October 2024, will remove the two-year qualifying period and give employees the ability to claim unfair dismissal from their first day of employment. During an initial probationary period, there will be a lighter touch procedure for employers to follow to be able to dismiss an employee who is not right for the job. The Government has confirmed that this change will not take effect until at least autumn 2026, and that it will consult fully on the proposals.
The five fair reasons for dismissal - conduct, capability, redundancy, contravention of a statutory duty/restriction, and some other substantial reason, are not changing. This means that, before dismissing an employee, you need to make sure that you have a potentially fair reason. However, you also need to be able to show that you acted reasonably in treating the reason as sufficient for dismissal, and that you followed a fair process. In a redundancy situation, the latter would include ensuring proper consultation and selection procedures, while a misconduct or performance dismissal would require sufficient warning (in most cases), proper investigation and evidence, and the right to be accompanied at hearings.
Stephen Simpson, principal employment law editor
New and updated
About this topic
HR and legal information and guidance relating to unfair dismissal.