Unfair dismissal

Unfair dismissal is used to describe an employer’s action when terminating an employee’s employment contrary to the requirements of the Employment Rights Act 1996. It is automatically unfair for an employer to dismiss an employee, regardless of length of service, for a reason related to discrimination protected by the Equality Act 2010, becoming pregnant, or having previously asserted certain specified employment rights. Otherwise, an employee must have worked for a year to have the right against unfair dismissal (2 years if the employment started on or after 6 April 2012[1]). This means an employer only terminates an employee’s job lawfully if the employer follows a fair procedure, acts reasonably and has a fair reason.