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.

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.

What the tribunal actually decides

Under section 98 of the Employment Rights Act 1996, the tribunal asks two questions:

  1. Was there a fair reason? The law recognises five: capability, conduct, redundancy, illegality, and "some other substantial reason."
  2. 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

Use the filters above to drill into specific outcomes, damages ranges, or years.

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.