Unfair Dismissal In-Depth Analysis

Introduction

Unfair dismissal is one of the most common and stressful problems people face at work. It’s rarely just a one-off mistake or accident. Usually, it builds up over time — sometimes because of how an employer manages a situation, sometimes after an employee has raised concerns or stood up for their rights, and sometimes in the heat of conflict. Only in a small number of cases is dismissal caused by deliberate abuse of absence procedures or serious insubordination.

At UnfairDismissal.org, we break everything down in simple language. The aim is that when you read these pages, you may actually recognise what you are going through right now, or better understand what has already happened in your own dismissal.

The Different Faces of Dismissal

Not every dismissal is the same — and not every dismissal is unfair. The law sets out clear categories, and understanding the differences is key:

• Ordinary Unfair Dismissal – when an employer cannot show a fair reason (such as conduct, capability, redundancy, statutory restriction, or some other substantial reason), or when they fail to follow a fair procedure.

• Discriminatory Dismissal – when dismissal is linked to unlawful discrimination, for example because of age, race, sex, disability, or religion.

• Automatic Unfair Dismissal – when dismissal happens because of certain protected rights, such as whistleblowing, raising health and safety concerns, or maternity.

The law also recognises that there are genuine fair reasons for dismissal. These include cases where an employee has deliberately abused absence procedures, engaged in serious insubordination, or committed misconduct so severe that continuing the employment relationship is impossible.

But it’s important to remember: just because you believe you have been unfairly dismissed, it doesn’t automatically mean you will win at the Employment Tribunal. Equally, even if an employer has a valid reason and believes the dismissal was fair, they can still lose. Much depends on how the claim or the employer’s defence is structured, the evidence presented, and the tribunal’s assessment of whether the process was carried out properly.

Looking at these categories side by side helps us see how tribunals balance what counts as a fair dismissal with what crosses the line into unfairness.

Early Signs and Workplace Process

Dismissals rarely come out of nowhere. Some early warning signs can include:

• Regular criticism without proper support,

• Sudden changes to your duties or hours,

• Pressure after you’ve raised a complaint or disclosure,

• Heavy-handed approaches to sickness absence.

Spotting these patterns early can give you time to act — raising a grievance, asking for support, or seeking advice. Employers, too, have a duty to handle things fairly, following steps like investigation, suspension, disciplinary hearing, and appeal. Skipping these steps often leads to problems later on.

Beyond the Workplace: ACAS and Tribunal

When issues can’t be resolved internally, the next stages are ACAS Early Conciliation and, if needed, an Employment Tribunal claim. At tribunal, decisions aren’t just about the final act of dismissal. Judges also look at whether the employer kept the basic trust and confidence that should exist in any job. Landmark cases such as Western Excavating v Sharp and Malik v BCCI show how this principle is applied in practice.

Why This Series Matters

This series, Unfair Dismissal: In-Depth Analysis, is here to make the law understandable and practical.

• For professionals – it links everyday practice with what tribunals actually say.

• For people representing themselves – it explains the process step by step and highlights common pitfalls.

• For workers and families – it gives clarity about your rights when your job is at risk.

Closing Thought

Work is something we all depend on, from the start of our careers until retirement. Losing a job unfairly can be devastating, but understanding the law and the process puts you in a stronger position. This series is here to guide you — from recognising the first warning signs, through internal procedures and appeals, and right up to ACAS and the tribunal.

📚 Series Index: Unfair Dismissal In-Depth Analysis

This series takes you through every stage of an unfair dismissal claim — from the legal foundations to the practical lessons you can use in your own case.

1. Section 98 ERA 1996 – The Basis of Unfair Dismissal Law

Every unfair dismissal case begins with Section 98 of the Employment Rights Act 1996. We break down what counts as a “fair reason” (conduct, capability, redundancy, statutory restriction, or SOSR) and show how tribunals test fairness in practice. Real examples illustrate when dismissals for ill-health, misconduct, or process failures cross the line into unfairness.