Unfairly Fired? Your Rights When Wrongfully Dismissed
Being dismissed from your job can be a shock — especially if you feel it was unfair. Fortunately, employment law in England and Wales provides strong protections. This guide explains the difference between unfair and wrongful dismissal, your rights, and what to do next.
What is unfair dismissal?
Unfair dismissal is when your employer sacks you without a fair reason or without following the correct procedure.
To claim unfair dismissal, you must usually:
- Be an employee (not a worker or self-employed)
- Have worked continuously for your employer for at least 2 years
Some dismissals are automatically unfair and don’t require 2 years of service (see below).
Examples of potentially unfair dismissals
- No valid reason for the dismissal
- Dismissed without warning or chance to improve performance
- Failure to follow a fair disciplinary or redundancy process
- Fired based on incorrect or incomplete information
What is wrongful dismissal?
Wrongful dismissal is different — it’s a **breach of contract** by your employer, such as:
- Firing you without the notice period you’re entitled to
- Terminating your contract without following the agreed terms
You can claim wrongful dismissal regardless of how long you’ve been employed. It’s about your contractual rights — not whether the dismissal was fair in general.
Automatically unfair dismissals
You’re protected from dismissal in certain circumstances **from day one of employment**. It’s automatically unfair to dismiss someone for:
- Being pregnant or on maternity leave
- Requesting flexible working
- Joining or not joining a trade union
- Whistleblowing (reporting wrongdoing)
- Refusing to work in unsafe conditions
- Taking part in lawful industrial action (under certain conditions)
- Taking time off for jury service
- Enforcing statutory rights (e.g. minimum wage)
- Discrimination based on a protected characteristic
Fair reasons for dismissal
Your employer must have a valid reason for dismissal AND follow a fair process. Valid reasons include:
- Conduct: Misconduct or gross misconduct
- Capability: Poor performance or ill health
- Redundancy: Your role is no longer needed
- Statutory restriction: You can’t legally do the job (e.g. lost your driving licence for a driving role)
- Some other substantial reason: A catch-all for unusual but valid cases (e.g. breakdown in trust)
What makes a dismissal “fair”?
Even with a valid reason, your employer must:
- Investigate the situation thoroughly
- Notify you of concerns and evidence
- Allow you to respond and attend a disciplinary or consultation meeting
- Let you be accompanied at meetings
- Give you the right to appeal
Redundancies must be genuine, follow a fair selection process, and include consultation.
Notice periods
You’re entitled to notice unless you’re dismissed for gross misconduct:
- Minimum statutory notice:
- 1 week if you’ve worked 1 month to 2 years
- 1 week for each full year worked (up to 12 weeks)
- Contractual notice: Your contract may specify a longer period
Pay in lieu of notice (PILON) is common — you’re paid instead of working your notice.
What to do if you’ve been unfairly or wrongfully dismissed
- Check your contract: Look at your notice terms, disciplinary process, and any appeal rights
- Request reasons in writing: You’re legally entitled to written reasons if you’ve worked 2+ years
- Appeal internally: Use your employer’s grievance or appeal process
- Gather evidence: Save emails, messages, disciplinary documents, and witness accounts
- Seek advice: Contact Citizens Advice, ACAS, or an employment solicitor
- Start Early Conciliation: Before going to tribunal, you must contact ACAS to try resolving the issue
- Make a tribunal claim: If conciliation fails, submit a claim within 3 months less one day of dismissal
Employment tribunal claims
You can claim for:
- Unfair dismissal: Compensation for financial loss
- Wrongful dismissal: Pay in lieu of notice
- Discrimination: If dismissal was discriminatory, you can also claim injury to feelings
There’s no fee to bring a claim. You can represent yourself or hire a solicitor. Legal aid is rarely available, but some solicitors offer “no win, no fee.”
Compensation
- Basic award: Based on age, length of service, and weekly pay (max £700/week as of April 2025)
- Compensatory award: Based on actual financial loss (max £105,707 or 1 year’s gross salary, whichever is lower)
- Wrongful dismissal: Unpaid notice period (uncapped in High Court, capped in tribunal)
Settlement agreements
Instead of a tribunal, your employer may offer a settlement agreement (a legally binding deal where you give up your rights to claim in exchange for compensation).
You must get independent legal advice before signing. Employers often pay the legal fees for this.
Disclaimer
This article provides general information about dismissal rights in England and Wales as of April 2025. It is not legal advice, and laws can change. Your individual circumstances may affect how the law applies to your situation.
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