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 2019

Recording a meeting in secret will not automatically wreck your unfair dismissal claim

A secret recording will not sink your unfair dismissal claim or your compensation on its own. A tribunal weighs why you made it and what is on it before deciding how much it should count.

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.

TUPE: what happens to your job when your employer changes

Your employer is being sold, or your contract outsourced. TUPE protects your job, pay, and continuity of service through the change, whatever your length of service.

Employee-favourable 2026

Your employer must rule out a medical explanation before assuming you are drunk

If your employer treats a symptom of your disability as a conduct problem without investigating it first, and then disciplines or dismisses you on evidence you were never allowed to challenge, you may have valid claims for unfair dismissal and disability discrimination.

Employee-favourable 2026

Ignoring your appeal against dismissal can make it unfair, even with good reason.

If your employer never properly deals with your appeal against dismissal, that can make the dismissal unfair, even where the underlying reason for it was genuine.

What happens at a sickness absence meeting and what are your rights?

Being called to a sickness absence meeting is unsettling, especially if you are still unwell. No decision has been made yet. Here is what your employer has to do before deciding anything, and what to ask for at the meeting itself.

Even if your dismissal was unfair, your compensation might still be reduced.

Winning your case doesn't guarantee full compensation. Here's why tribunals can reduce your award, sometimes to nothing, even after finding your dismissal unfair.

Was your dismissal fair? Here’s the test that decides it.

Unfair dismissal isn't about who was right. It's about whether your employer's decision and process met a specific legal test for reasonableness.

Employee-favourable 1972

Unfair dismissal compensation covers your financial losses, not hurt feelings.

Unfair dismissal compensation covers financial losses only, not distress or hurt feelings, but those losses can be substantial.

Employer-favourable 1977

Your employer can judge managerial competence harshly, but must raise concerns with you first.

Tribunals give employers genuine room to judge whether a manager is up to the job. That latitude only holds if concerns were raised with you over time and alternatives were properly considered.

Employer-favourable 1973

Your employer must warn you clearly before dismissing you for poor performance.

A fair capability dismissal turns on whether you were clearly warned your job was at risk before the decision was made, not on whether the performance concerns were genuine.

Employer-favourable 1974

The real reason for your dismissal must match the stated reason.

An employer can correct the label it gives your dismissal, but only if the real facts behind it were already known at the time. A reason that surfaces for the first time at tribunal is a different matter.