Dismissal

Introduction

By law (Employment Rights Act 1996), the following are potential reasons to dismiss you fairly:

• misconduct – when you have done something that’s inappropriate or not acceptable
• capability – when you are is not able to do the job or do not have the right qualifications
• redundancy – when the job is no longer needed
• a legal reason – when you cannot do their job legally, for example a lorry driver who’s banned from driving
• ‘some other substantial reason’ – a term used for a wide variety of other situations

Examples of other substantial reasons are:

• a fixed-term contract ending
• third party pressure, for example if a client refuses to work with an employee
• refusing to agree to new terms and conditions of employment

Wrongful dismissal arises due to your employer breaching the terms of your contract
Constructive dismissal occurs where you feel that you have no choice but to resign

Misconduct

Misconduct can include things like persistent lateness or unauthorised absence from work.

Your employer should arrange a meeting with you, telling you the reason for it. At the meeting, your employer must give you a chance to explain, they can issue a first written warning if they’re not satisfied with your reasons. In the warning, your employer must tell you how they expect you to improve and over what period.

There is a chance that your employer may issue a final written warning if they feel that there has been no improvement, in this case your employer should hold a second meeting to give you a chance to explain. Your employer should revise the action plan with timescales for improvement and warn you that they’ll consider dismissal if there’s no improvement.

If it becomes necessary to hold a third meeting it is likely that dismissal is now possible. After the meeting – or appeal if there is one – your employer must decide whether to give you a further chance to improve, or dismiss you. Your employer should provide a written statement of reasons for your dismissal.

Gross Misconduct

If your employer considers that you are guilty of gross misconduct, for things like theft, physical violence, gross negligence or serious insubordination. They can dismiss you summarily providing your employer has followed a fair process

Redundancy

Redundancy is usually a type of dismissal when a role is no longer needed. Your employer should only consider making redundancies if part or all of the organisation is:

• closing, or has already closed
• changing the types or number of roles needed to do certain work
• changing location

In this case, your employer must follow a full redundancy process.

Dismissal because of long-term illness

Dismissal should be a last resort. Your employer should firstly support you and help you get back to work. This could include making any reasonable adjustments if you have a disability (this includes some long-term health conditions).

For example, your employer may be able to dismiss you fairly if:

• they have considered all other options
• it’s not possible for you to do their job
• your inability to work has a significant impact on the business

Dismissal because of long-term illness would usually be a capability issue. This means it would depend on whether or not your are able to do your job.

Employers must investigate fully and have a valid reason for dismissal. You could make a claim to an employment tribunal if you think that you’ve been unfairly dismissed.

Dismissing someone because they’re disabled, including some long-term health conditions, could be discrimination.

Unfair Dismissal

It’s important to understand what unfair dismissal is by law. This is because different rights might apply depending on the circumstances.

It might be unfair dismissal if you worked for your employer for at least 2 years and any of the following apply:

• there was no fair reason for your dismissal
• the reason was not enough to justify your employer dismissing you
• your employer did not follow a fair procedure

The fair procedure must follow the Acas Code of Practice on disciplinary and grievance procedures, if it’s to do with:

• ‘misconduct’ – when you have done something that’s inappropriate or not acceptable
• ‘capability’ – when you are not able to do the job or do not have the right qualifications

Challenge a decision

If you think that your dismissal was unfair and you want to challenge it, you can appeal through your employer’s appeal process or by raising a grievance. Your manager should tell you how to appeal or you can check your employee handbook.

Being able to appeal a dismissal is also part of the Acas Code of Practice.

If you have tried to appeal and you now want to take it further, you can make a claim to an employment tribunal.

Raise a claim at Employment Tribunal

You usually have the right to make an unfair dismissal claim to an employment tribunal if you:

• are legally classed as an employee
• have worked for your employer for 2 years

You do not need 2 years’ service to claim automatically unfair dismissal. You might have the right to make a claim if they’ve been dismissed for ‘automatically unfair’ reasons.

These include:

• taking action, or proposing to take action, over a health and safety issue
• making a flexible working request
• being pregnant or on maternity leave
• wanting to take family leave, for example parental, paternity or adoption leave
• being a trade union member or representative
• taking part in legal, official industrial action for 12 weeks or less – for example going on strike
• asking for a legal right – for example to be paid the National Minimum Wage
• doing jury service
• being involved in whistleblowing
• ‘compulsory retirement’ – this means being forced to retire

There are strict time limits for making a claim to an employment tribunal. You have 3 months minus 1 day from the date your employment ended. Time limits for making a claim to an employment tribunal will increase to 6 months for all claims from October 2026.

In almost all cases, the date your employment ends is either:

• the last day of your notice period
• the day you were dismissed if the employer did not give notice

Find out more about:

• making a claim to an employment tribunal
• employment tribunal time limits

Wrongful Dismissal

Wrongful dismissal can occur in a number of different ways, usually due to a breach of your contract of employment this can include summary dismissal or being dismissed without pay in lieu of notice.

In a breach of the right to notice, it may depend on whether your contract makes provision for pay in lieu. However unless you’re found guilty of gross misconduct, your employer must honour your right to notice or notice pay.

Other common examples can include your employer unlawfully terminating a fixed-term contract prior to expiry of the term or failing to follow a contractual dismissal procedure.

You do not have to have been employed for any particular period to pursue a claim through an employment tribunal, but you can make a money claim through the county court instead

If you believe that you have been wrongfully dismissed you should get legal advice 

Constructive Dismissal

If you feel that you have no choice but to resign because of something your employer has done, you might be able to claim for ‘constructive dismissal’. The legal term is ‘constructive unfair dismissal’.

If you are an employee you can make a constructive dismissal claim if you resign because you think your employer has seriously breached your employment contract.

Examples could include:

• regularly not being paid the agreed amount without a good reason
• being bullied or discriminated against
• raising a grievance that your employer refuses to look into
• making unreasonable changes to working patterns or place of work without agreement

It could be because of one serious incident or a series of things.

If you’re in this situation

Resigning is a big step to take, and a constructive dismissal claim can be difficult to win at an employment tribunal.

You can raise a problem informally by talking to your employer.

If you’ve already tried to resolve things informally you can raise a grievance. This is where you make a formal complaint to your employer.

If you’re going to resign, you should get legal advice first.

Settlement agreements

A settlement agreement is sometimes used to end an employment relationship in a way the employer and employee both agree with.

If you sign a settlement agreement, you cannot make a constructive dismissal claim to an employment tribunal.

Find out more about settlement agreements on the ACAS website

If you resign

In your resignation letter you should explain clearly your reasons for leaving.

If there’s been a serious breach of contract you may want to leave your job straight away instead of working your notice period.

Doing this could be a breach of your employment contract but it can be justified sometimes. You should get legal advice.

Making a constructive dismissal claim

You usually have the right to make a constructive dismissal claim to an employment tribunal if you:

• are legally classed as an employee
• have worked for your employer for 2 years

There are strict time limits for making a claim to an employment tribunal. In most cases, you have 3 months minus 1 day from either:

• the last day of your notice period
• the day you resigned, if you did not give your employer notice

Find out more about:

• making a claim to an employment tribunal
• employment tribunal time limits

Last Updated on June 2, 2026 by Ashford Advice