Unfair Dismissal
An unfair dismissal claim asks the Employment Tribunal to decide whether your employer had a fair reason to dismiss you AND whether they followed a fair process. Both have to be right — a fair reason handled badly is still unfair dismissal.
Cases on file
3032
Claimant win rate
45%
Cases reaching a determination
Median damages awarded
£11,505
Where compensation was awarded
Most common reasons for unfair dismissal
Browse cases by the underlying reason. Win rates show how often the claimant succeeded (in full or in part) among cases that reached a determination on the merits.
Conduct
869Gross misconduct, theft, dishonesty, behaviour issues.
- Claimant win rate
- 43%
- Median award
- £8,193
Constructive dismissal
541Resigned after the employer breached trust and confidence.
- Claimant win rate
- 41%
- Median award
- £15,710
Discrimination
390Disability, race, sex, age, pregnancy and related claims.
- Claimant win rate
- 47%
- Median award
- £21,630
Redundancy
380Role no longer needed, restructure, TUPE transfers.
- Claimant win rate
- 66%
- Median award
- £10,405
Whistleblowing
189Dismissed for making a protected disclosure (PIDA).
- Claimant win rate
- 41%
- Median award
- £15,601
Capability (ill health / performance)
175Ill health, long-term sickness, performance shortfalls.
- Claimant win rate
- 40%
- Median award
- £19,015
Some other substantial reason
68Some other substantial reason — visa expiry, breakdown of trust, etc.
- Claimant win rate
- 54%
- Median award
- £12,269
Other
420Less common categories — flexible working, status disputes, contract-only.
- Claimant win rate
- 37%
- Median award
- £5,032
How claims actually progress
Many unfair dismissal claims never reach a hearing on the merits — they're struck out, out of time, or fall outside the tribunal's jurisdiction. This is independent of why the dismissal happened.
2424
80% of allTribunal decided whether the dismissal was fair.
199
7% of allClaim ended early — usually for non-attendance, non-compliance, or no reasonable prospect.
243
8% of allClaim filed after the 3-month limit and not extended.
145
5% of allClaimant lacked two years’ service, the right employment status, or the tribunal had no power to hear it.
21
1% of allClaim resolved without a hearing.
What the tribunal actually decides
Under section 98 of the Employment Rights Act 1996, the tribunal asks two questions:
- Was there a fair reason? The law recognises five: capability, conduct, redundancy, illegality, and "some other substantial reason."
- Did the employer act reasonably? This is the "range of reasonable responses" test — the tribunal doesn't ask what it would have done, but whether a reasonable employer could have dismissed on those facts.
Process matters as much as substance. A genuine misconduct case can become unfair dismissal if the investigation was botched, the employee wasn't given the evidence against them, or there was no proper right of appeal.
Common pitfalls employers hit
- Treating long-term sickness as a conduct issue instead of capability
- Failing to consult before redundancy
- Pre-judging the outcome before the disciplinary hearing
- Refusing to consider reasonable adjustments for a disabled employee before dismissing for capability
- Skipping the appeal stage
Cases on Unfair dismissal
Showing the 20 most recent of 3032 cases
Associate (non-UK national on skilled worker visa) v FINTRU LIMITED
A tribunal has ruled that Fintru Limited fairly dismissed an associate whose skilled worker visa could not be renewed after the Home Office raised salary thresholds. The employer explored alternatives and followed a reasonable process.
Lost · Mar 2026Lost—Mar 2026NHS employee (Agenda for Change Band 6) v East Sussex Healthcare Trust
An NHS employee resigned after waiting nearly eight months for her grievance outcome. The tribunal found she was constructively unfairly dismissed and awarded £3,756.60.
Won · £3,757 · Mar 2026Won£3,757Mar 2026Night team member at a hotel v Whitbread Group PLC
A tribunal struck out a constructive unfair dismissal claim from a night team member who waited 2.5 months after the last alleged breach before resigning, finding he had affirmed the contract.
Dismissed · Mar 2026Dismissed—Mar 2026Bank employee v Lloyds Bank Plc
A bank employee's unfair dismissal claim was dismissed as out of time, even though the tribunal accepted her severe mental health made it not reasonably practicable to claim within the first three months.
Dismissed · Mar 2026Dismissed—Mar 2026Agency worker supplied to NHS Trust v Royal Free London NHS Foundation Trust
An agency worker who withdrew her employment tribunal claims and then tried to revoke the withdrawal has had her case dismissed. The tribunal ruled the withdrawal was valid and could not be undone.
Dismissed · Dec 2025Dismissed—Dec 2025Qualified social worker (over 20 years' experience) v Devon County Council
An experienced social worker's race discrimination and constructive dismissal claims against Devon County Council were dismissed because she presented her claim too late, and the tribunal refused to extend time.
Dismissed · Jul 2025Dismissed—Jul 2025Former employee v Department for Work and Pensions
A former employee who failed to attend his own unfair dismissal hearing and ignored tribunal orders has been ordered to pay the Department for Work and Pensions nearly £10,000 in costs.
Lost · Mar 2025Lost—Mar 2025Former employee v Landmark Space Ltd
A former employee who withdrew her unfair dismissal claim against Landmark Space Ltd could not revive it, even after applying for reconsideration. The tribunal confirmed it has no power to set aside a withdrawal.
Dismissed · Jan 2025Dismissed—Jan 2025Former employee v Prestige Dental Services Limited
A tribunal has set aside its own earlier judgments after admitting it should have telephoned the respondent before proceeding in their absence. The case will now be reheard.
Remitted · Jan 2025Remitted—Jan 2025Café worker (6 months' service) v Samantha Dalton
A café worker with only six months' service was automatically unfairly dismissed after asking for a written contract. The tribunal awarded over £2,000 including injury to feelings for age discrimination.
Won · £2,068 · Jan 2025Won£2,068Jan 2025Agency worker v Syft Online Limited
An agency worker who worked for less than two years had his unfair dismissal, unpaid wages, and breach of contract claims dismissed by the tribunal, along with human exploitation allegations which the tribunal had no power to hear.
Dismissed · Jan 2025Dismissed—Jan 2025Community Development Manager (2 years' service) v Spelthorne Borough Council
A Community Development Manager who claimed she was dismissed for whistleblowing lost her case. The tribunal found the council's decision was due to an irretrievable breakdown in working relationships, not her protected disclosures.
Lost · Jan 2025Lost—Jan 2025Junior doctor (specialist registrar in Emergency Medicine) v Lewisham and Greenwich NHS Trust
A junior doctor's attempt to obtain a wasted costs order against the solicitors for an NHS Trust was dismissed because a 2018 settlement agreement precluded the application and there was no improper conduct.
Lost · Dec 2024Lost—Dec 2024Former employee (2 years' service) v Nathan Gittings
A former employee with two years' service was unfairly dismissed after being suspended and then sacked without any disciplinary hearing. The Cambridge tribunal awarded £9,546.81 in compensation.
Won · £9,547 · Nov 2024Won£9,547Nov 2024Taxi driver (private hire vehicle) v Mr R Tidman
A private hire taxi driver was found to be an employee of the vehicle owner and a worker of the dispatch company. He was awarded £5,181.48 for unlawful deduction of wages, but his age discrimination claim was dismissed.
Partial · £5,181 · Jul 2024Partial£5,181Jul 2024Payments consultant (via limited company) v Paymentsense Limited
A tribunal has granted a payments consultant permission to amend his claim to include wrongful dismissal and National Minimum Wage complaints, but refused to add automatic unfair dismissal. The case highlights the hurdles of bringing claims when working through a limited company.
Partial · Jun 2024Partial—Jun 2024Senior graphic designer (5 years' service) v Independent marketing agency (12 employees)
A graphic designer was told her role was redundant in a five-minute meeting with no warning, no consultation and no consideration of alternatives. The tribunal awarded £14,200.
Won · £14,200 · May 2024Won£14,200May 2024Chartered accountant (former employee) v Bennbridge Services LLP
A former chartered accountant who made multiple applications to amend her whistleblowing and sex discrimination claims avoided a costs order, even though most amendments were refused. The tribunal said her conduct was not unreasonable or vexatious.
Lost · May 2024Lost—May 2024Handyman (former employee) v HMS Maintenance Solutions Limited
A handyman with ADHD resigned claiming constructive dismissal after alleged bullying and failure to make adjustments. The tribunal found no fundamental breach of trust and confidence, and the claim failed.
Lost · Apr 2024Lost—Apr 2024Special educational needs and disability learning support assistant (10 months' service) v The Governing Body of Horndean Junior School
A tribunal dismissed all claims of race and religion discrimination brought by a learning support assistant against Horndean Junior School, finding her evidence unreliable and the school's grievance process thorough.
Lost · Apr 2024Lost—Apr 2024
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Common questions on Unfair dismissal
Plain-English answers to the questions people most often search for, each one drawing on real cases from our archive.
Can I claim unfair dismissal with less than two years' service?
Not for ordinary unfair dismissal — that requires two years' continuous service. But "automatically unfair" dismissals (whistleblowing, asserting a statutory right, pregnancy, trade union activity, health and safety, and others) have no minimum service requirement, and a wrongful dismissal (breach of contract) claim is also available regardless of service length.
Can you be dismissed without a disciplinary hearing in the UK?
Almost never fairly. With very limited exceptions, an employer that dismisses an employee with two years' service without holding a proper disciplinary hearing will lose an unfair dismissal claim — and is likely to face a 10–25% uplift on compensation for breaching the ACAS Code of Practice.
Can you be fired while on sick leave in the UK?
Yes, but only if the employer has a fair reason (usually capability) and follows a fair process — including obtaining up-to-date medical evidence and considering reasonable adjustments. If they don't, the dismissal is likely to be unfair, and disability discrimination claims may also apply.
How much compensation can I claim for unfair dismissal?
A successful unfair dismissal claim usually gets a basic award (calculated like statutory redundancy pay) plus a compensatory award for lost earnings, capped at the lower of 52 weeks' pay or a statutory maximum (£115,115 from April 2024). Tribunals can reduce awards for "contributory conduct" or "Polkey" deductions.
What does the ACAS Code of Practice require employers to do?
The ACAS Code sets the minimum fair process for disciplinary and grievance matters — a proper investigation, written allegations with evidence, a hearing with the right to be accompanied, a decision in writing, and an appeal. Unreasonable failure to follow it can increase or decrease a tribunal award by up to 25%.
What is constructive dismissal and when can I claim it?
Constructive dismissal is when you resign because your employer's behaviour has so seriously breached your contract that you're entitled to treat the contract as ended. You then claim unfair dismissal as if you'd been sacked. You need a fundamental breach by the employer, you must resign in response to it (not for some other reason), and you must not delay too long.
When is a dismissal for long-term sickness fair in the UK?
A long-term sickness dismissal can be fair if the employer has a current medical opinion, has consulted the employee meaningfully, has considered reasonable adjustments and redeployment, and the absence is genuinely incompatible with the role's needs. Skipping any of those steps usually makes the dismissal unfair — even when the underlying medical position is clear.
Frequently asked
- How long do I have to bring an unfair dismissal claim?
- Three months less one day from your effective date of termination. You must first contact ACAS for early conciliation, which pauses the clock. Miss the deadline and the tribunal usually has no power to hear your claim.
- Do I need two years' service to claim unfair dismissal?
- For ordinary unfair dismissal, yes — you generally need two years' continuous service. But "automatically unfair" dismissals (whistleblowing, asserting a statutory right, pregnancy, trade union activity, and others) have no minimum service requirement.
- What can I get if I win?
- A basic award (calculated like statutory redundancy pay) plus a compensatory award for lost earnings, capped at the lower of 52 weeks' pay or a statutory maximum (£115,115 from April 2024). Reinstatement is technically available but rarely ordered.
- What are the five potentially fair reasons for dismissal?
- Capability, conduct, redundancy, illegality, and "some other substantial reason" (SOSR). Even if the employer has one of these reasons, the dismissal can still be unfair if the process was unreasonable.
