employment solicitors

YES, you can claim unfair dismissal if:

• You were an employee, and

• You meet the qualifying period (2 years now, 6 months from Jan 2027), unless it's an automatic unfair dismissal (which has no minimum service), and

• Your employer lacked a fair reason or failed to follow a fair process.

Your dismissal could be unfair if your employer does not:

• have a good reason for dismissing you

• follow the company’s formal disciplinary or dismissal process (or the statutory minimum dismissal procedure in Northern Ireland)

Situations when your dismissal is likely to be unfair include if you:

• asked for flexible working

• refused to give up your working time rights - for example, to take rest breaks

• resigned and gave the correct notice period

• joined a trade union

• took part in legal industrial action that lasted 12 weeks or less

• needed time off for jury service

• applied for maternity, paternity and adoption leave

• were on any maternity, paternity and adoption leave you’re entitled to

• exposed wrongdoing in the workplace (whistleblowing)

• were forced to retire (known as ‘compulsory retirement’)

Compulsory retirement is not allowed unless your employer can objectively justify it, but you can challenge it at an employment tribunal.

Constructive dismissal is when you’re forced to leave your job against your will because of your employer’s conduct.

The reasons you leave your job must be serious, for example, they:

• do not pay you or suddenly demote you for no reason

• force you to accept unreasonable changes to how you work - for example, tell you to work night shifts when your contract is only for day work

• let other employees harass or bully you

Your employer’s breach of contract may be one serious incident or a series of incidents that are serious when taken together.

You should try and sort any issues out by speaking to your employer to solve the dispute.

You should be entitled to statutory redundancy pay if you have been there for more than 2 years.

How the statutory pay is calculated:

You get:

• 0.5 week’s pay for each full year under age 22

• 1 week’s pay for each full year aged 22 to 40

• 1.5 weeks’ pay for each full year aged 41+

Additional rules:

• Maximum of 20 years’ service can be counted.

• Weekly pay (for SRP purposes) is capped at £719 if made redundant on or after 6 April 2025.

  • This means the maximum statutory redundancy payment is £21,570.

Factsheet  link to Legal Ombudsman.