What is unfair dismissal?
Unfair dismissal is the termination of an employment contract by an employer (with or without notice of termination), where the reason given for the dismissal is not one of the statutory fair reasons (see below) or it was for one of the statutory fair reasons, but the employer has acted unreasonably in deciding to dismiss for that reason.
Part-time and fixed-term workers must be treated the same way as full-time or permanent employees and be given at least the notice period stated in their contract or the statutory minimum notice period, whichever is longer.
Things to know
- A dismissal is seen as automatically unfair if it the employee is pregnant or on maternity leave; has asked for their legal rights at work, expressed concern about a health and safety issue, taken part in trade union activities or is a whistleblower
- Workers can be dismissed immediately — known as summary dismissal — for gross misconduct such as violence, theft or fraud
- Employees have the right to request the reasons for their dismissal in writing, and an employer must supply it within 14 days
- All workers should be treated equally when it comes to dismissal
- Any action for unfair dismissal must be started within three months, less a day, from the last day of employment
FAQs
What reasons are there for fair dismissal?
These include capability or qualifications, conduct, redundancy or breach of a statutory requirement, such as a truck driver losing their driving licence.
What dismissals are considered automatically unfair
These range from an employee being pregnant or on maternity leave; asking for their legal rights at work or expressed concern about a health and safety issue to taken part in trade union activities or is a whistleblower.
Do all workers have to be treated equally when it comes to dismissal?
Yes, part-time and fixed-term workers must be treated the same way as their full-time or permanent colleagues.
Where can I find out more about unfair dismissal?
You can find reliable information about unfair dismissal from the Advisory, Conciliation and Arbitration Service (ACAS) and the UK Government’s official website.
