22nd October 2025
Unfair dismissal claims can be costly, time-consuming, and damaging to an employer’s reputation.
With employment tribunals increasingly scrutinising dismissal procedures, it’s vital that businesses understand their legal obligations and take proactive steps to minimise risk.
Sarah Everton, Head of Employment Law at Myers & Co, outlines why employers seeking legal advice for dismissal procedures should act early to avoid complications.
Under the Employment Rights Act 1996, an employee with two years’ continuous service has the right not to be unfairly dismissed.
However, certain claims, such as those involving discrimination or whistleblowing, can be brought from day one.
A dismissal may be deemed unfair if there is no valid reason, or if the employer fails to follow a fair procedure.
Employers must ensure that any dismissal falls within one of the five potentially fair categories:
Even with a valid reason, the process must be fair and reasonable.
The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the steps employers should follow.
This includes conducting a reasonable investigation, informing the employee of the allegations, holding a disciplinary hearing, and offering a right of appeal.
Failure to follow the Code can result in a tribunal increasing compensation by up to 25%.
Even well-intentioned employers can fall foul of mistakes that increase the risk of unfair dismissal claims. Being aware of these common errors is crucial to ensuring dismissals are both lawful and defensible.
By avoiding these pitfalls and following best practice, employers can significantly reduce the likelihood of facing an unfair dismissal claim at tribunal.
If you’re an employer concerned about the risks of unfair dismissal claims, we’re here to help.
Our employment law team can guide you through the correct procedures, explain your legal obligations, and support you in managing dismissals fairly and compliantly.
If you require guidance on employment law matters don’t hesitate to contact Sarah Everton. Call us today or submit a quick enquiry to receive clear, practical advice from our specialist employment law team.
