Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Unfair dismissal definition

What does Unfair dismissal mean? In practice, unfair dismissal describes an employee’s statutory claim that their employment was terminated without a fair reason and/or a fair procedure. In England & Wales and Scotland it is governed by the Employment Rights Act 1996; in Northern Ireland by the Employment Rights (Northern Ireland) Order 1996; and in Ireland by the Unfair Dismissals Acts 1977–2015. Employers must show a potentially fair reason (conduct, capability, redundancy, statutory restriction, or some other substantial reason) and that dismissal fell within the range of reasonable responses after a reasonable investigation and a fair process. In Great Britain, compliance with...

Unfair dismissal in Great Britain: eligibility, time limits, territorial scope, excluded categories, industrial action, illegality, diplomatic immunity and reinstatement limits

Published by a LexisNexis Employment expert

Practice notes

The right not to be unfairly dismissed is a purely statutory entitlement deriving from section 94 of the Employment Rights Act 1996 (ERA 1996). There are various eligibility criteria and exceptions. The onus of showing the relevant qualifying conditions are met generally rests with the claimant. An Unfair dismissal complaint falls within the sole jurisdiction of the employment tribunal (that is, it cannot be pursued in the courts) and must ordinarily be brought within three months of the Effective date of termination (see Practice Note: Effective date of termination). The time limit:

is extended where a prospective claimant is subject to mandatory Early Conciliation (see Practice Note: The early conciliation requirement—Extension to time limits (the ‘stop the clock’ provisions))
may be enlarged by the tribunal if it was not reasonably practicable to present the claim in time (see Practice Note: Time limits for presenting employment tribunal claims—Extending time because 'not reasonably practicable')

Eligibility

The protection against unfair dismissal applies only to employees—individuals who have entered into, or work under, a contract of employment (that is, a contract of service or apprenticeship, whether express or implied and oral)...

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Web page updated on 22/05/2026

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