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Unfair dismissal
How unfair dismissal is assessed, including fair reasons, process, and remedies.
Last updated 8 February 2026
Overview
An employer must show a potentially fair reason and a fair process.
Even a valid reason can still be unfair if the process is flawed.
Potentially fair reasons
- Conduct
- Capability or performance
- Redundancy
- Statutory restriction
- Some other substantial reason
Process fairness checklist
- A reasonable investigation was carried out.
- You were told the allegations and evidence.
- You had the chance to respond and be accompanied.
- A decision was made by someone impartial.
- You had the right to appeal.
Service requirement and exceptions
- Most unfair dismissal claims need 2 years continuous service.
- Automatic unfair reasons include whistleblowing, pregnancy, and asserting statutory rights.
- Discrimination claims do not require 2 years service.
Common questions
Does gross misconduct remove all rights?
Not entirely. A fair process is still required, although notice pay may be affected.
Can probation be dismissed unfairly?
Unfair dismissal usually still requires 2 years service, but other claims can apply.
What can the tribunal award?
A basic award and compensatory award, both subject to statutory limits.
Next steps
Keep your facts organised and protect your time limits with the tools below.
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