Unfair Dismissal

Cases where the tribunal found the dismissal was unfair. What the employer did, what a reasonable employer would have done differently, and what it cost.

66 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 2025

Your employer has to act on an occupational health report, not just receive it.

If your employer receives an occupational health report recommending adjustments and does not act on it, that failure can support both a reasonable adjustments claim and, if you resign because of it, a constructive dismissal claim.

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.

Mixed 2025

If your employer investigates you for raising a concern, that alone can be illegal.

An investigation that starts right after you raise a concern can be unlawful in its own right. That is true even if you are later fairly dismissed for genuine misconduct.

Mixed 2026

Assuming the worst about you without checking your side can make a dismissal unfair.

If your employer jumps to conclusions instead of checking the facts, including the ones that would help you, the dismissal can be unfair. That's true even if you admit part of what you're accused of.

Employee-favourable 2026

Being left unsupported and mocked for your age can justify resigning and winning.

If your employer leaves you unsupported and then blames or belittles you when things go wrong, that can be enough to resign and win a constructive dismissal claim. It's even clearer if they throw in comments about your age.

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.

Employee-favourable 2026

Your employer can’t take away a working adjustment on a hunch.

If a reasonable adjustment has been working, your employer needs real evidence of a problem, not just an assumption, before taking it away.

Employee-favourable 2026

If surgery could resolve your health issue, your employer should wait to find out first.

If your employer is considering dismissing you for health-related absence, they are expected to check your current medical position first rather than relying on old reports, especially where something like surgery or treatment could soon change the picture.

Employee-favourable 2026

You can’t be dismissed the day after your job transfers to a new employer

If your job transfers to a new employer under TUPE, you keep the same rights and protections you had before, and being dismissed just because of the transfer is automatically unfair dismissal.

Employee-favourable 2025

Being called “a bully” by staff is not proof that you bullied them, your employer still has to find out what they mean.

An accusation of "bullying" has to be backed by specific examples your employer actually investigates, not just a label staff have used.