Unfair Dismissal
A statutory claim under s.94 Employment Rights Act 1996. An employee with 2+ years' service has the right not to be unfairly dismissed. The employer must show a fair reason and that it acted reasonably in treating it as sufficient reason for dismissal.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Acas guidance sets out the three main routes to a finding of unfair dismissal for an employee with at least two years' service: there was no fair reason for the dismissal, the reason was not enough to justify dismissing them, or the employer did not follow a fair procedure — which, for misconduct or capability dismissals, should follow the Acas Code of Practice on disciplinary and grievance procedures. Separately, government guidance confirms an employer must show it acted reasonably in the circumstances, and must be consistent and have investigated the situation fully before dismissing someone.
The two-year qualifying period is not fixed forever: Acas guidance flags that protection from unfair dismissal will become a right after 6 months of being in a job, as part of the government's Employment Rights Act 2025 — though this change will happen in January 2027 and is not yet law. Certain reasons for dismissal are already treated as 'automatically unfair' regardless of length of service, such as dismissing someone for being pregnant, for whistleblowing, or for asserting a legal right like the National Minimum Wage.
Related terms
Official sources
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