Has Your Dismissal Been Unfair? Your Rights & What to Do Next

Being dismissed from your job can be a shock, leaving you feeling angry, confused, and uncertain about your future.

Beyond the emotional impact, you might be wondering: "Was this fair? Do I have any rights?"

In the UK, employment law (law as of June 2025) provides crucial protections for employees. Not every dismissal is legal, and understanding your rights is the first powerful step towards challenging what you believe is wrong. At Magara Law, we often speak to individuals who feel they've been treated unfairly, and we're here to shed light on what constitutes an unfair dismissal and what action you can take.

What Exactly is Unfair Dismissal in the UK?

In simple terms, an unfair dismissal occurs when your employer ends your employment contract without a fair reason for doing so, or without following a fair process.

Under UK law, for a dismissal to be fair, your employer generally needs to show:

1. A Fair Reason: The reason for your dismissal must fall into one of five categories:

   
   

   • Capability: You're not able to do your job to the required standard due to skill, health, or qualification issues.

   • Conduct: You've done something wrong, like breaching company rules, dishonesty, or poor behaviour.

   • Redundancy: Your job no longer exists, perhaps due to restructuring or business needs.

   • Statutory Illegality: Continuing to employ you would break the law (e.g., a driver losing their licence).

   • Some Other Substantial Reason (SOSR): A broad category covering other legitimate business reasons.

     
     

2. A Fair Process: Even if the reason is potentially fair, your employer must follow a reasonable and fair procedure, typically in line with the ACAS Code of Practice on Disciplinary and Grievance Procedures. This usually involves.

   
   

   • Investigating the issue thoroughly.

   • Informing you of the allegations/concerns.

   • Giving you an opportunity to respond.

   • Holding a fair meeting.

   • Offering a right to appeal the decision.

     
     

The "Two-Year Rule" and Automatic Unfair Dismissal

Generally, to claim ordinary unfair dismissal, you need to have been continuously employed for at least two years with your employer.

However, there's a crucial exception: "Automatically Unfair Dismissals." In these cases, the two-year service rule does NOT apply, and you are protected from day one of your employment. Reasons for automatically unfair dismissal include:

• Dismissal related to pregnancy or maternity leave.

• Dismissal for whistleblowing (reporting wrongdoing in the workplace).

• Dismissal due to trade union activities.

• Dismissal for asserting a statutory right (e.g., asking for the National Minimum Wage or holiday pay).

• Dismissal for acting on health and safety grounds.

• Dismissal for reasons connected to protected characteristics under the Equality Act 2010 (e.g., discrimination based on age, disability, race, sex, sexual orientation, religion or belief, gender reassignment, marriage or civil partnership).

  
  

What to Do if You Think You've Been Unfairly Dismissed:

If you believe your dismissal was unfair, it's vital to act quickly as strict time limits apply.

1. Appeal Internally: Check if your employer has an internal appeal process and use it. This often shows the Employment Tribunal you tried to resolve the issue directly.

   
   

2. Gather Evidence: Collect all relevant documents: your employment contract, payslips, dismissal letter, internal policies, emails, text messages, performance reviews, and any notes you took during meetings.

   
   

3. Contact ACAS Early Conciliation: Before you can make a claim to an Employment Tribunal, you must contact ACAS (Advisory, Conciliation and Arbitration Service) for Early Conciliation. ACAS is an impartial body that tries to help you and your employer reach a settlement without going to tribunal. There are strict deadlines for this.

   
   

4. Seek Expert Legal Advice: This is where Magara Law comes in. Employment law is complex, and navigating it alone can be daunting. An experienced solicitor can:

   
   

   • Assess the merits of your case.

     
     

   • Advise on your chances of success and potential compensation.

     
     

   • Represent you during ACAS Early Conciliation and, if necessary, at the Employment Tribunal.

     
     

   • Help you understand the best strategy, whether that's negotiating a settlement or pursuing a claim.

     

     
     

Why Choose Magara Law?

At Magara Law, we understand that facing an unfair dismissal is a personal and often upsetting experience. Our expert employment solicitors provide clear, practical advice, guiding you through every step of the process. We are committed to achieving the best possible outcome for you, whether through negotiation or robust representation.

Don't let unfair treatment go unchallenged. If you believe you've been unfairly dismissed, it's crucial to get professional advice without delay.

Call a specialist employment lawyer  

Magara Law is an employment law firm with offices in Bicester, Banbury, Reading, and Paddington, London, and serves clients nationwide. 

For more information or to contact our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.