Unfair dismissal

The right not to be unfairly dismissed is a purely statutory right arising under section 94 of the Employment Rights Act 1996 (ERA 1996).

ERA 1996, Part X (ERA 1996, ss 94134A) contains most of the provisions relating to who has the right, how to bring a claim, when the right is infringed and the remedies available following a successful claim.

This Overview summarises the issues relating to unfair dismissal claims, eg eligibility criteria for bringing a claim, the meaning of dismissal for statutory purposes, and the concept of ‘fairness’ in relation to reasons for dismissal and procedural requirements. It also deals with remedies for successful claims and options for resolving and settling claims.

For information on managing situations in which issues of conduct, capability and performance may give rise to a dismissal, see:

  1. Performance, conduct and discipline—overview

  2. Sickness and absence—overview

Time limits

Claims for unfair dismissal may only be brought in an employment tribunal and must generally be presented within three months of the effective date of termination of employment (subject to any extension if the requirement

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PAC criticises Home Office over failures to tackle exploitation under skilled worker visa route

The Public Accounts Committee (PAC) has found that the Home Office failed to adequately address the risk of exploitation and non-compliance under the skilled worker visa scheme, particularly in the care sector. In its 4 July 2025 report, the PAC criticises the department for failing to prevent abuse following the scheme’s 2022 expansion to support adult social care, highlighting serious weaknesses in safeguarding, compliance monitoring, and tracking of visa expiries. While the expansion helped alleviate workforce shortages during the pandemic, it also exposed migrant workers to exploitation, with evidence submitted to the inquiry detailing cases of debt bondage, excessive working hours and poor living conditions. Despite early signs of abuse, the Home Office was slow to respond and does not hold data on how many visa holders have been identified as potential victims of modern slavery. The PAC further found that the department lacks key data on visa compliance, including whether workers leave the UK at the end of their stay, are re-sponsored, or remain unlawfully, and has not analysed exit check data since the route’s introduction. In light of the recent decision to end overseas recruitment for care workers, the PAC warns of further risks unless cross-government workforce strategies are coordinated and calls for a joined-up approach to tackling exploitation and addressing domestic skills shortages.

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