This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Explore the top reasons employees claim unfair dismissal in England and Wales. This comprehensive guide explains fair and automatic unfair reasons, procedural failures, constructive dismissal and discrimination issues, with examples and practical context for employment tribunal claims.
Unfair dismissal is a common basis for employment tribunal claims in England and Wales. It arises where an employee believes their employer ended their employment without a fair reason or failed to follow a fair procedure. Understanding the typical scenarios that lead to unfair dismissal claims helps employees recognise potential breaches of their legal rights and helps employers manage risk. This article explains the main reasons employees bring unfair dismissal claims, with clear examples and practical context for readers with no legal background through to solicitors.
What Is Unfair Dismissal?
Unfair dismissal occurs when an employer terminates an employee's contract in a way that is not permitted by UK employment law. An employee must usually have qualifying service - currently at least two years - to bring an ordinary unfair dismissal claim, unless the dismissal involves certain automatic unfair reasons where no service length is required. The employer must also show that the dismissal was for one of the legal fair reasons and that it acted reasonably in all the circumstances.
Failure to Provide a Fair Reason
One of the most frequent grounds for unfair dismissal claims is where the employer does not offer a valid legal reason for dismissing the employee. UK law recognises only five broad fair reasons:
- Conduct - behaviour or disciplinary issues.
- Capability - performance or ability to do the job.
- Redundancy - genuine workforce reduction.
- Statutory restriction - legal inability to continue employment.
- Some other substantial reason (SOSR) - other significant business rationale.
If the employer cannot clearly justify the reason for dismissal within these categories, the employee may claim it was unfair. For example, dismissal without any clear explanation or with a vague, shifting explanation often leads to tribunal challenges.
Procedural Failures
Even where a potentially fair reason exists, employers must apply a fair procedure. This includes investigating the issue, notifying the employee of concerns, holding meetings, allowing representation, and giving a right to appeal. The Acas Code of Practice on Disciplinary and Grievance Procedures provides detailed procedural expectations.
Employees commonly claim unfair dismissal where:
- They were dismissed without prior warnings.
- There was no investigation into allegations.
- They were not given an opportunity to respond.
- The employer failed to follow its own disciplinary policy.
Failure to follow a fair procedure can convert an otherwise lawful dismissal into an unfair one.
Automatically Unfair Reasons
Some dismissals are automatically unfair regardless of length of service. These tend to involve an employee's statutory rights or protected activities. Examples include dismissal because an employee:
- Asked for flexible working or statutory rights like minimum wage.
- Was pregnant or on maternity/adoption/paternity leave.
- Reported wrongdoing (whistleblowing).
- Is a trade union member or representative.
- Took health and safety action.
- Took time off for dependants.
If any of these are the principal reason for dismissal, the claim can be brought without the usual qualifying service period.
Constructive Dismissal Claims
Employees may resign and claim constructive dismissal if their employer's conduct effectively forces them to leave. This can arise where an employer fundamentally breaches the employment contract, such as by making unreasonable changes to duties, pay, or work conditions without consultation. Constructive unfair dismissal requires careful analysis of employer conduct and timing.
Discriminatory Dismissals
Dismissal can also be unfair if it is linked to discrimination under the Equality Act 2010. Protected characteristics include age, sex, race, disability, religion, and sexual orientation. Even where a fair reason might superficially exist, if discrimination was an underlying factor, the dismissal can be challenged as both unfair and discriminatory.
Examples of Common Claim Scenarios
1. Poor Performance Without Support
An employer dismisses an employee for alleged poor performance without providing clear performance objectives, support, or documented warnings. Often such dismissals are challenged when employees argue they were not given a fair opportunity to improve.
2. Redundancy Without Genuine Process
Employees may claim unfair dismissal where redundancy is used as a dismissal label but where there was no genuine business need, consultation, or fair selection process.
3. Health and Disability Related Dismissals
Dismissal linked to long‑term illness or disability can give rise to claims of unfair dismissal and discrimination, particularly where reasonable adjustments were not considered.
4. Whistleblowing Retaliation
An employee reports safety breaches or wrongdoing and is then dismissed shortly afterwards. This can form the basis of an automatic unfair dismissal and whistleblowing claim.
5. Dismissal During Family Leave
Terminating employment because an employee took or planned to take maternity, paternity, adoption or parental leave is automatically unfair.
6. Procedural Errors in Misconduct Cases
Dismissals for alleged misconduct - for example attendance issues or alleged policy breaches - often lead to unfair dismissal claims where employees argue that the employer did not follow its disciplinary procedures or the Acas Code.
Tribunal Outcomes and Trends
Employment tribunals assess whether employers acted reasonably in both reason and procedure. If a tribunal finds unfair dismissal, remedies can include compensation for loss of earnings, reinstatement, or re‑engagement. Tribunals may also award a procedural uplift where the employer failed to follow the Acas Code. Recent developments show increased scrutiny of rigid policies that do not accommodate conditions such as disability, illustrating evolving legal standards in unfair dismissal claims.
Time Limits for Claims
Employees must generally bring unfair dismissal claims to an employment tribunal within three months minus one day from the effective date of termination. There are limited circumstances where extensions may be considered.
Key Takeaways
Unfair dismissal claims in England and Wales commonly arise where employers lack a fair reason for dismissal, fail to follow fair procedures, or terminate employment for automatically unfair reasons. Constructive dismissal and discrimination also feature frequently. Understanding these key reasons enables employees to recognise potential breaches and consider appropriate steps, such as internal appeal, early conciliation with Acas, or tribunal claims.
