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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Latest Employment News

Employment weekly highlights—23 October 2025

This edition of Employment weekly highlights includes: (1) a revised draft regulation amending the list of bodies to which permitted disclosures can be made under section 17 of the Victims and Prisoners Act 2024, (2) a further draft regulation replacing VPA 2024, s 17 in its entirety, to allow a victim of criminal conduct (or a person who reasonably believes they are a victim) to make a disclosure to anyone (including family, friends, employers and journalists), for any purpose, (3) EAT decisions highlighting the need for clarity when a disciplinary process is initiated during notice period and providing a reminder that a debarred respondent should generally be able to participate in a remedy hearing, (4) news that the DBT has ‘named and shamed’ 491 companies for failing to pay the national minimum wage, (5) a joint submission by the Trans Advocacy and Complaints Collective and the Trans Exile Network to the Council of Europe’s Directorate General of Human Rights and Rule of Law, asking it to reopen enforcement of ECHR judgments in Goodwin v UK and Grant v UK, (6) a letter from the EHRC to the Minister for Women and Equalities, urging her to approve the updated Code of Practice for services etc without further delay, (7) a letter from the Council of Europe’s Commissioner for Human Rights, Michael O’Flaherty, to the Chairs of the Joint Committee on Human Rights and of the Women and Equalities Committee outlining concerns about the current climate for trans people in the UK, (8) a planned employment tribunal outage on 11 November 2025, (9) a new playbook for a pro-client, company-to-company consultancy agreement, (10) dates for your diary, and (11) other news items of interest to employment practitioners.

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