Procedural Fairness

36 results

Being made redundant: what your employer has to get right

Redundancy is not something your employer can do however they like. Here is what the law requires before, during, and after the process.

Employee-favourable 1982

Redundancy selection has to be based on objective criteria, not who your manager likes.

A redundancy can be genuine and still be unfair, because fairness is judged on the process used to select you, not only on whether the business need was real.

Employee-favourable 2007

Your dismissal letter must say why you were sacked, not only that you can appeal.

Your employer must properly investigate and clearly explain why you are being dismissed.

Employee-favourable 2018

Once your employer knows you’re disabled, they don’t need to know your disability caused what you did for it to be discrimination.

Once your employer knows about your disability, they don't need to also realise it caused what you did for a dismissal to count as discrimination.

Employee-favourable 2021

Sacking a pregnant employee on invented charges timed to dodge her maternity pay is one of the most serious forms of discrimination there is.

If your employer disciplines or dismisses you without a proper process, and the timing lines up with a pregnancy or maternity leave, tribunals will take that timing seriously and can award the maximum penalty for it.

Can you challenge who decided your case?

Something about who's deciding your case doesn't feel right. You're allowed to question that. This guide explains what counts as a genuine conflict of interest or a decision made too early, and how to raise it, whether you're mid-process or appealing afterwards.

Employee-favourable 2025

If a disability explains what you did, your employer cannot skip straight to discipline.

If a disability plays a part in something you are accused of at work, your employer must actually consider that connection before disciplining you. It must also look at less punishing options first.

Employee-favourable 2026

Your employer can’t skip a fair process just because they’re sure you did it

A dismissal can still be unfair even when your employer is genuinely convinced you did something wrong.

Employee-favourable 2026

A secret friendship on your disciplinary panel can make your dismissal unfair.

An undisclosed personal connection between the person deciding your outcome and a witness or complainant can make the process unfair on its own, whatever the underlying allegation was.

Mixed 2006

Recording your hearing can help you, but recording the panel afterwards usually cannot

A recording of your own disciplinary or appeal hearing can be used as evidence in an unfair dismissal claim. A recording of the panel's private deliberations after you leave the room usually cannot, because the law protects that discussion on public policy grounds.

Employee-favourable 2026

If they sideline you first, a misconduct dismissal that follows may not be genuine

What matters here isn't the label your employer puts on your dismissal. It's whether they investigated properly and gave you a real chance to respond first. Skip that, and the dismissal is very likely unfair, whatever they called it.

Employee-favourable 2013

A grievance appeal by the same manager who rejected it is not independent.

A grievance appeal heard by the same manager who rejected your original grievance is not a genuine appeal, and that failure can matter to a constructive dismissal claim.