Procedural Fairness

36 results
Employee-favourable 2026

Redundancy doesn’t let your employer skip considering junior roles for you.

If you're made redundant, your employer must actively consider offering you any suitable alternative role across the organisation, including a more junior one, even if you never asked and even if it wasn't advertised yet.

Employee-favourable 2024

You have the right to see new evidence against you before you’re dismissed.

You have the right to see any new evidence used against you and to respond to it before you're dismissed, especially evidence that emerged after the investigation first concluded.

Mixed 2026

If your employer never showed you the evidence, that alone can make your dismissal unfair.

A genuine belief that you did something wrong is not enough to justify dismissal. Your employer needs reasonable grounds too, and you need to see the evidence.

Employee-favourable 2026

How you’re told you’ve been dismissed while on maternity leave can itself be discrimination.

If you're dismissed while on maternity leave and told in an impersonal way, such as by text, email, or a P45 with no conversation, that can be unlawful discrimination on top of an unfair dismissal.

Mixed 2026

Your right to bring a colleague to a disciplinary meeting only exists once you ask.

You have to actively ask to be accompanied at a disciplinary or grievance meeting. Your employer staying silent about what the meeting is for does not create that right for you automatically.

Employer-favourable 2024

Being told you’re “at risk of redundancy” doesn’t always mean it’s a real redundancy

Being told your role is "at risk of redundancy" does not automatically mean the law treats it as a redundancy, especially if your contract already allows your employer to move or vary your role.

Employee-favourable 2023

Ill-judged conduct doesn’t automatically mean your employer can fairly sack you.

Your employer needs a genuine, reasonable belief that your conduct was serious enough to justify dismissal. A policy label that happens to fit isn't enough on its own.

Mixed 2026

Serious allegations don’t excuse vague charges or refusing to let your companion speak.

If you're facing a disciplinary, your employer has to tell you clearly what you're accused of, and let the companion you bring actually speak on your behalf.

Employee-favourable 2015

If HR steers your investigating manager towards a guilty finding, that can make your dismissal unfair.

HR can advise your employer on process and on keeping sanctions consistent during a disciplinary investigation. It shouldn't be shaping the findings on your guilt or credibility.

Employer-favourable 1997

If your employer treated you badly, that alone doesn’t prove discrimination.

An employer treating you unreasonably is not, by itself, evidence of discrimination. You need to show a real or hypothetical comparator was treated better.

Mixed 2025

Your unfair dismissal award can still be cut for your own conduct, even after you win.

Winning an unfair dismissal claim doesn't guarantee full compensation if your own conduct played a part.

Employee-favourable 2026

A dismissal timed around your return from maternity leave can be unfair on its own

You can win an unfair dismissal claim over a dismissal timed around your return from maternity leave, even where a tribunal won't also uphold a discrimination claim on the same facts.