Unfair dismissal happens when an employer terminates an employee’s contract without a fair reason or fails to follow a proper procedure. In Great Britain, the right for an employee not to be unfairly dismissed is protected under the Employment Rights Act 1996 (ERA 1996). In Northern Ireland, this right is protected under the Employment Rights (Northern Ireland) Order 1996 (ERO 1996).
Every employee has an automatic right not to be dismissed due to pregnancy, whistleblowing, spent convictions or trade union activities from their first day of employment.
An employee can claim unfair dismissal for other reasons if they have worked continuously for their employer for at least two years, or if the period of employment started on or after 01 July 2027, six months. Employers must show both a valid reason and that they acted reasonably in treating that reason as sufficient for dismissal.
In Northern Ireland, employees may claim unfair dismissal after one year of continuous employment, rather than two years as required in Great Britain.