Member tool: CIPD Buddy BETA
Experiment with AI to find answers on this topic with our prototype. Login to explore CIPD Buddy

Essential points

  • A dismissal is when the employer ends a contract of employment. Dismissals can be both fair and unfair. Employers have legal obligations to fulfil if they wish to conclude a fair dismissal.
  • Employees who are unfairly dismissed may bring a claim in an employment tribunal. Such claims can be settled by the employer via a settlement agreement, by a conciliation process.
  • To challenge an unfair dismissal, the employee generally must have worked for the employer for 2 years (on or after 6 April 2012). This is known as the qualifying period. 
  • Some settlement agreements involve contentious issues such as non-disclosure agreements (NDAs).
  • There are five potentially fair reasons for dismissal. These are capability, conduct, redundancy, statutory illegality or ‘some other substantial reason' (SOSR).
  • Even where an employer can show one of the five reasons, for a dismissal to be fair they must also follow a fair procedure.
  • The different types of unfair dismissal claim are:
    • Ordinary unfair dismissal.
    • Automatic unfair dismissal.
    • Constructive dismissal. 

Under the Employment Rights Bill it is proposed that the two-year unfair dismissal qualifying period will be replaced with a new statutory probationary period arrangement. Keep up to date with the latest on these changes with our tracker of potential law changes. This page outlines the current legislation. We will update this page once any changes are enforced.

Content

To continue reading, log in or become a member

Affiliate membership offers instant access to CIPD resources without the need for assessments or study, or explore your options to become a professional member of the CIPD to demonstrate your commitment to the world of work.

  • Access to exclusive, up-to-date resources
  • Become part of a community to learn, debate and connect with other people professionals
  • Free access to a series of CIPD learning courses and a discount on the rest of our catalogue
Instant access Explore membership

Disclaimer 

​Please note: While every care has been taken in compiling this content, CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice. 

Employment
law advice

Want more employment law advice? Members can phone the CIPD legal helpline or take out a discounted subscription to HR-inform for additional resources.

Employment law helpline HR-inform
Callout Image

CIPD Annual Conference
and Exhibition

Step into the future of work - gain powerful insights, spark innovation, and lead lasting change.

Secure your place
  • Data

    Data hub

    Explore the evidence behind workforce trends

  • Guide

    People manager guide: Dismissal

    Information for managers on what happens when the decision is made to dismiss a member of their team and how to avoid mistakes

    For Members
  • Factsheet

    Dismissal procedures

    Introductory guidance on dismissal in the UK, with advice on following a fair dismissal procedure

    For Members
    • Employment law
  • Employment law

    Tracking UK law changes under the ERB

    Keep up to date with what will change under the Employment Rights Bill, the Equality (Race and Disability) Bill and the plan to Make Work Pay

    For Members
  • Employment law

    Sex discrimination: UK employment law

    Explore our collection of resources around legal issues relating to sex discrimination in the workplace, including pregnancy and maternity discrimination

    For Members