Termination of Employment

Types of Dismissal you need to Understand

Understanding the types of dismissal is critical in deciding your next step.

1. Fair dismissal

Your employer can lawfully terminate employment if there is a valid reason, such as:

• Conduct issues
• Capability or performance
• Redundancy
• Legal restrictions (e.g. right to work)
• Some other substantial reason

However, even with a valid reason, the process must still be fair.

2. Unfair dismissal

Unfair dismissal happens when:

• There is no valid reason for the dismissal
• A proper process was not followed
• You were dismissed for exercising your rights

Common examples include:

• Being dismissed after raising concerns
• Being dismissed without warning or investigation
• Being forced out of your role

If this applies, you may have grounds to take action.

3. Constructive dismissal

This occurs when:

• You resign because your employer has made your position untenable

For example:

• Ongoing workplace pressure
• Sudden changes to your role or pay
• Failure to address serious complaints

In these cases, although you resigned, it may still count as employment termination initiated by the employer.

4. Wrongful dismissal

This is when your employer breaches your contract, such as:

• Not giving correct notice
• Dismissing you without following contractual terms

How to tell if your dismissal is fair

Ask yourself:

• Were you given a clear reason?
• Were you invited to meetings and allowed to respond?
• Were warnings given where appropriate?
• Was a fair investigation carried out?

If the answer is no, your termination of employment may not be lawful.

Time limits you must not miss

If you believe your employee termination was unfair:

• You usually have 3 months less one day to take action

Claims are handled through the Employment Tribunal.

Before this, you must normally contact ACAS for early conciliation.

Acting early is critical — waiting too long can remove your right to challenge the dismissal.

Real workplace scenario

A warehouse worker is dismissed for “poor performance” without prior warnings.

• No documented concerns
• No formal meeting
• No opportunity to improve

In this situation, the employment termination may be considered unfair due to lack of process — even if performance was raised as a reason.

What outcomes are possible

If your case is successful, outcomes may include:

• Compensation
• Reinstatement (return to your job)
• Settlement agreements

Each case depends on the facts and evidence.

How The Workers Union supports you

At The Workers Union, the focus is simple:

Give you clear, immediate support when your job is on the line.

We help you:

• Understand your position quickly
• Identify whether your termination of employment is fair
• Prepare your next steps
• Access experienced employment law professionals if required

Workplace issues move quickly — and so should your response.

Your next step

If you are dealing with employment termination, do not wait.

The earlier you act:

• The stronger your position
• The more options you keep open

The Workers Union is here to help you understand exactly where you stand — and what to do next.

Frequently Asked Questions