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📋 Toolbox Talk · Employment Rights

Unfair Dismissal:
Know Where You Stand

Who is protected, what makes a dismissal fair, notice, and the short time limits.

📅 Last reviewed: October 2026📚 GOV.UK · Acas · nidirect · LRA🇬🇧 England, Wales & Scotland, with Northern Ireland differencesukworkrights.co.uk

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Who is protected

Length of service matters

England, Wales and Scotland: you currently need at least 2 years of continuous employment to claim ordinary unfair dismissal.
If your employment ends on or after 1 January 2027, you need at least 6 months.
No minimum service is needed for an automatically unfair reason, such as whistleblowing, pregnancy, or raising a health and safety concern.
Workers who are not employees are not usually protected against unfair dismissal.

⚖ The key point

A dismissal because of a protected characteristic (such as disability, race, sex or age) is a discrimination claim, and needs no minimum length of service.

Fair or unfair?

How a tribunal looks at it

It is for your employer to show the reason for dismissing you, and that it was a fair kind of reason.
The tribunal then decides, looking at all the facts, whether dismissing you for that reason was reasonable, including how your employer went about it.
It might be unfair if there was no fair reason, the reason was not enough to justify dismissal, or your employer did not follow a fair procedure.
For misconduct or poor performance, the fair procedure should follow the Acas Code of Practice on disciplinary and grievance procedures.
You can appeal through your employer's appeal process.

Illness

Dismissal and long-term illness

You can be dismissed if a persistent or long-term illness makes it impossible to do your job.
Before taking any action, your employer should look for ways to support you, and give you reasonable time to recover.
Acas says dismissal because of long-term illness should be a last resort.
The Acas Code does not apply to a dismissal for genuine ill health with no misconduct or poor performance (Holmes v Qinetiq Ltd, 2016), but your employer must still follow a fair procedure.

Reasons and notice

What you're owed when you go

Dismissed while pregnant, or on maternity or adoption leave: your employer must give the reasons in writing, even if you do not ask.
Otherwise, with at least 2 years' service (GB) you can ask for written reasons, and your employer must give them within 14 days of you asking.
Statutory notice for employees with at least 1 month's service: 1 week (1 month to 2 years); 1 week per full year (2 to 12 years); 12 weeks (12 years or more). Your contract can give more, not less.
No notice is owed if your employer is entitled to dismiss without notice because of your conduct, for example gross misconduct.

Time limits

Act fast

England, Wales and Scotland: 3 months less 1 day from the act, or 6 months less 1 day where it happened on or after 1 October 2026.
In Scotland, breach of contract claims (such as unpaid notice pay) stay at 3 months less 1 day for now.
Before most claims you must notify Acas for early conciliation. It is free, and pauses your time limit — but only if you notify Acas within the time limit.

⚠ Watch out

Your exact date depends on your facts. The tribunal deadline guide explains how to count.

Northern Ireland is different

Different service, different deadlines

You need at least 1 year of continuous employment to claim ordinary unfair dismissal. The GB change to 6 months from January 2027 does not apply.
With 1 year's service you can ask for written reasons; your employer must give them within 14 days.
Dismissal for using one of your legal employment rights (such as a written statement, payslip, minimum notice or a flexible working request) is automatically unfair. Being unfairly selected for redundancy is also unfair dismissal.
Most claims, including unfair dismissal: 3 months less 1 day. Notify the LRA first; if you do so within your time limit, the clock stops for up to 1 calendar month, plus up to 14 more days if both sides agree.

Common questions

Frequently asked questions

I've worked here 18 months and was dismissed in November 2026. Can I claim?

In England, Wales and Scotland, not for ordinary unfair dismissal — you need 2 years where the employment ends before 1 January 2027. Automatically unfair reasons and discrimination need no minimum service. In Northern Ireland, 1 year is enough.

Do I have to appeal first?

You can appeal through your employer's process. Check your tribunal time limit at the same time — it keeps running.

I'm a worker, not an employee. Am I covered?

Workers are not usually protected against unfair dismissal. Discrimination and whistleblowing protections are separate.

Free rights guidance

Check your
dismissal rights

Get plain-English guidance on your rights and your employer's legal duties.

Acas

0300 123 1100

acas.org.uk

LRA (Northern Ireland)

03300 555 300

Labour Relations Agency

Equality Advisory and Support Service

0808 800 0082

equalityadvisoryservice.com

Equality Commission NI

028 9050 0600

Northern Ireland

Citizens Advice / Advice NI

Free advice

citizensadvice.org.uk

UK Work Rights — Free guide

Employee Rights (England, Wales and Scotland)

ukworkrights.co.uk/guide-employee-rights-gb.html

General rights guidance only — not legal advice · © UK Work Rights Ltd · Company No. 17228507 · ICO Registration No. ZC239465 · Registered office: 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ · hello@ukworkrights.co.uk
Published by UK Work Rights Ltd
Drafted with AI assistance, using official sources.
Contains public sector information licensed under the Open Government Licence v3.0.

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