Employment Law
7 min read
11/01/2025
Legal Brain Team
Employment Dismissal
Rules around ending employment and unfair dismissal claims
Table of Contents
What is it?
Employment dismissal is the termination of an employee's contract by the employer. It can be fair or unfair depending on the reason and procedure followed.
Key Points
- 1Fair reasons: capability, conduct, redundancy, legal restriction, substantial reason
- 2Unfair dismissal protection after 2 years continuous service
- 3Immediate protection for automatically unfair reasons
- 4Proper procedure must be followed
- 5Right to notice period or pay in lieu
Typical Process
1
Employer identifies potential dismissal situation
2
Investigation conducted if misconduct alleged
3
Disciplinary meeting held with right to accompaniment
4
Decision made and communicated in writing
5
Right of appeal provided
6
Notice period given or payment in lieu made
Common Examples
- •Dismissal for poor performance without warnings
- •Instant dismissal for minor misconduct
- •Dismissal for pregnancy or maternity leave
- •Dismissal for trade union activities
- •Constructive dismissal due to employer conduct
- •Redundancy without proper selection process
Related Laws & Regulations
Employment Rights Act 1996 (Section 98)
ACAS Code of Practice on Disciplinary Procedures
Equality Act 2010 (Section 1)
Trade Union and Labour Relations Act 1992
Maternity and Parental Leave Regulations 1999
When to Seek Professional Help
- ⚠Dismissed without proper procedure being followed
- ⚠Believe dismissal was for discriminatory reasons
- ⚠Dismissed during pregnancy or maternity leave
- ⚠Constructive dismissal situation
- ⚠Redundancy selection seems unfair
Need Help with Your Legal Matter?
Use Legal Brain's AI-powered tools to analyse your specific situation and get personalised insights.