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Unfair Dismissal

What are my employment rights in England and Wales?

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Published:
September 30, 2026
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Employment rights in England and Wales: unfair dismissal, redundancy pay, settlement agreements, discrimination and the Employment Rights Act 2025 changes.
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September 30, 2026
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Short answer

As an employee in England and Wales you are protected against discrimination from day one, and against unfair dismissal after two years' service (six months from 1 January 2027). Most tribunal claims need Acas early conciliation first. For acts on or after 1 October 2026 the time limit rises from three to six months.

What counts as unfair, constructive or wrongful dismissal?

Unfair dismissal means your employer dismissed you without a fair reason or a fair process. The fair reasons under section 98 of the Employment Rights Act 1996 are capability, conduct, redundancy, a legal restriction or "some other substantial reason". Being sacked without warning or without a reason is often, but not always, unfair.

You normally need two years' continuous service to claim. Some dismissals are automatically unfair from day one, including for whistleblowing, pregnancy or maternity leave, asserting a statutory right, trade union activity or raising health and safety concerns.

Constructive dismissal is where you resign because your employer seriously breached your contract, for example by cutting your pay without agreement. Wrongful dismissal is a breach of contract claim, usually for notice pay, and needs no qualifying service. Statutory minimum notice is one week after one month's service, then one week per complete year up to 12 weeks.

How do you make an employment tribunal claim?

Before most tribunal claims you must notify Acas and go through early conciliation. This is a legal requirement. Since 1 December 2025 the conciliation period can last up to 12 weeks, and the tribunal time limit is paused while it runs. If it does not settle, Acas issues a certificate and you then submit form ET1.

Try to resolve things with your employer first by raising a written grievance. The Acas Code of Practice on disciplinary and grievance procedures applies, and a tribunal can raise or reduce compensation by up to 25% if either side unreasonably fails to follow it.

If you win an unfair dismissal claim you can get a basic award (like statutory redundancy pay) and a compensatory award for lost earnings. For dismissals from 6 April 2026 the compensatory award is capped at the lower of £123,543 or 52 weeks' pay.

What are your redundancy rights?

Redundancy is a potentially fair reason for dismissal, but your employer must use a fair selection process, consult you and consider suitable alternative work. If 20 or more redundancies are proposed at one establishment within 90 days, collective consultation must start at least 30 days before the first dismissal (45 days for 100 or more).

You are entitled to statutory redundancy pay if you are an employee with at least two years' service. It is:

  • half a week's pay for each full year worked while under 22
  • one week's pay for each full year worked aged 22 to 40
  • one and a half weeks' pay for each full year worked aged 41 or over

Service is capped at 20 years and weekly pay at £751, so the maximum is £22,530 for redundancies on or after 6 April 2026. Your contract may give you more.

Is my settlement agreement fair?

A settlement agreement is a legally binding contract where you give up the right to bring tribunal claims, usually in return for a payment. To be valid it must be in writing, relate to particular complaints, and you must have received advice from an independent adviser (usually a solicitor) who is named in the agreement. Employers often contribute to the cost of that advice.

Employers may start a protected conversation under section 111A of the Employment Rights Act 1996 to propose ending your employment. What is said generally cannot be used in an ordinary unfair dismissal claim, but that protection does not cover discrimination or whistleblowing claims, or improper behaviour. Whether an offer is fair depends on the strength of your potential claims, your notice pay and how long it may take to find new work, so it is worth getting it checked before you sign.

What protection do you have against discrimination, bullying and whistleblowing detriment?

The Equality Act 2010 protects you from day one (and job applicants too) against discrimination, harassment and victimisation because of nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Maternity discrimination includes unfavourable treatment during pregnancy or maternity leave.

Bullying on its own is not a separate legal claim, but it may amount to harassment, a breach of the duty of trust and confidence or grounds for constructive dismissal. If you report wrongdoing in the public interest (a protected disclosure), you are protected as a whistleblower from day one. Since 6 April 2026 disclosures about sexual harassment count as protected disclosures.

What has the Employment Rights Act 2025 changed so far?

The Employment Rights Act 2025 received Royal Assent on 18 December 2025 and is being brought in stages. Changes already in force include:

  • 6 April 2026: Statutory Sick Pay from the first day of sickness (no waiting days) and no lower earnings limit. SSP is £123.25 a week or 80% of your normal weekly earnings, whichever is lower.
  • 6 April 2026: day-one paternity leave and unpaid parental leave (statutory paternity pay still needs 26 weeks' service; the rate is £194.32 a week or 90% of earnings if lower).
  • 6 April 2026: the maximum protective award for failing to consult on collective redundancies doubled to 180 days' pay.
  • 7 April 2026: the Fair Work Agency was set up to enforce employment rights.
  • 1 October 2026: tribunal time limits rise from three to six months for acts or dismissals on or after that date.

What employment law changes are planned for late 2026 and 2027?

The government's timeline (updated 25 September 2026) sets out these planned dates:

  • 30 October 2026: employers must take "all reasonable steps" to prevent sexual harassment, and will be liable for harassment by third parties such as customers.
  • 1 January 2027: the unfair dismissal qualifying period falls from two years to six months, the cap on the compensatory award is removed, and new protections against fire and rehire (dismissing staff to force contract changes) start.
  • During 2027: rights to guaranteed hours for zero-hours workers, stronger protection for pregnant workers and new mothers, bereavement leave (including pregnancy loss), limits on NDAs covering harassment and discrimination, and a tougher test for refusing flexible working.

Dates for the 2027 measures depend on regulations, so check before relying on them.

What are the key deadlines and time limits?

Employment deadlines are short and strictly applied:

  • Acts or dismissals before 1 October 2026: three months less one day to start Acas early conciliation for most claims
  • Acts or dismissals on or after 1 October 2026: six months less one day
  • Early conciliation pauses the clock for up to 12 weeks; you usually have at least one month after the certificate to submit your ET1
  • Statutory redundancy pay: claim from your employer within six months of your job ending
  • Unfair dismissal qualifying period: two years now; six months where the effective date of termination is on or after 1 January 2027

What should you do next?

  1. Write down what happened, with dates, and keep copies of your contract, payslips, emails and any dismissal or redundancy letters.
  2. Work out your deadline now: note the date of dismissal or the last act you are complaining about.
  3. Raise a written grievance or appeal with your employer, following the Acas Code.
  4. Ask Libra to explain your rights, estimate redundancy pay, review a settlement offer or draft a grievance letter.
  5. Notify Acas for early conciliation before your time limit runs out.
  6. If you have been offered a settlement agreement or have a complex claim, find a lawyer or clinic through Libra.

Frequently asked questions

Am I entitled to redundancy pay?

You are entitled to statutory redundancy pay if you are an employee with at least two years' continuous service and your job has genuinely gone. The amount depends on age, service and weekly pay, capped at £751 a week and 20 years, so a maximum of £22,530 from 6 April 2026.

Can I be sacked without a reason?

If you have less than two years' service your employer can usually dismiss you without following a fair process, unless the reason is automatically unfair or discriminatory. With two years' service you have a right to written reasons and to a fair process. The qualifying period is due to fall to six months from 1 January 2027.

How long do I have to make an employment tribunal claim?

For acts or dismissals before 1 October 2026 you usually have three months less one day to start Acas early conciliation. For acts on or after 1 October 2026 this becomes six months less one day. Early conciliation pauses the clock, and you get extra time after the certificate.

What is a protected conversation?

It is an off-the-record discussion where your employer proposes ending your employment on agreed terms. Under section 111A of the Employment Rights Act 1996 it usually cannot be used as evidence in an ordinary unfair dismissal claim. It is not protected where there is improper behaviour or where you claim discrimination or whistleblowing.

Is Statutory Sick Pay paid from day one now?

Yes. Since 6 April 2026 SSP is paid from the first day you are off sick, with no waiting days and no minimum earnings level. You get £123.25 a week or 80% of your normal weekly earnings, whichever is lower, for up to 28 weeks. Your contract may give you more.

Is fire and rehire banned?

Not yet. Under the government's timeline, new protections start in January 2027. Dismissing someone for refusing to accept changes to key terms such as pay, hours or holiday will then be automatically unfair, except in narrow cases where the business faces serious financial difficulty.

Do I need a lawyer for a settlement agreement?

Yes. A settlement agreement only stops you bringing tribunal claims if you have received advice from a relevant independent adviser, usually a solicitor, on its terms and effect. Many employers contribute towards the cost. You can find a lawyer through Libra.

Can my employer change my hours or pay without asking me?

Usually not. Changing your hours, pay or place of work normally needs your agreement, and imposing a change can be a breach of contract. If you keep working without objecting for a long time you may be treated as accepting it, so object in writing. The fire and rehire protections are planned for 1 January 2027, not yet in force.

Can I be sacked while I am off sick?

Yes, but it must be fair. Your employer should get medical evidence, consider how long you are likely to be off and whether adjustments could help, and follow a proper process. If your illness is a disability, dismissal may also be disability discrimination, which you can claim for from day one, with no minimum service.

Can I be dismissed for being pregnant or taking maternity leave?

No. Dismissal because of pregnancy, maternity leave or related reasons is automatically unfair and discriminatory, and you do not need any minimum length of service to claim. Redundancy during or shortly after pregnancy is also restricted: you may have priority for any suitable alternative vacancy. Keep any letters and raise it quickly because tribunal time limits are short.

Can I bring a tribunal claim if I have worked there less than two years?

Yes, for some claims. Discrimination, whistleblowing, dismissal for asserting a statutory right, and pregnancy-related dismissal need no minimum service. Ordinary unfair dismissal currently needs two years, and the government plans to cut this to six months for dismissals on or after 1 January 2027. That date is planned, not yet in force.

How much notice do I have to give if I resign?

Check your contract first, as it may require more. If it is silent, the legal minimum is one week once you have worked for one month. Your employer must give you at least one week for each full year of service, up to 12 weeks, if you have worked for them for a month or more. You can agree a shorter period.

Can my employer take money out of my wages?

Only if the law, your contract or your written agreement allows it, for example tax, or an agreed overpayment recovery. Deductions for things like uniform, till shortages or a disputed debt need clear prior agreement. You can challenge unlawful deductions in a tribunal after early conciliation, and the time limit is short, so act promptly.

Can I be dismissed for taking time off for a family emergency?

Employees have a right to reasonable unpaid time off to deal with an emergency involving a dependant, such as a child or partner who is ill or injured, or when care arrangements break down. Dismissing or penalising you for using it is automatically unfair. Tell your employer the reason as soon as you reasonably can.

Ask Libra

  • Can my employer change my contract without my agreement?
  • Was my dismissal unfair if I had worked there under two years?
  • What can I claim if I was dismissed while pregnant?
  • Can I be sacked while I am off sick?
  • Has my employer made an unlawful deduction from my wages?
  • What changes under the Employment Rights Act 2025 this year?

Sources

This guide is general information about the law in England and Wales as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.

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Short answer

As an employee in England and Wales you are protected against discrimination from day one, and against unfair dismissal after two years' service (six months from 1 January 2027). Most tribunal claims need Acas early conciliation first. For acts on or after 1 October 2026 the time limit rises from three to six months.

What counts as unfair, constructive or wrongful dismissal?

Unfair dismissal means your employer dismissed you without a fair reason or a fair process. The fair reasons under section 98 of the Employment Rights Act 1996 are capability, conduct, redundancy, a legal restriction or "some other substantial reason". Being sacked without warning or without a reason is often, but not always, unfair.

You normally need two years' continuous service to claim. Some dismissals are automatically unfair from day one, including for whistleblowing, pregnancy or maternity leave, asserting a statutory right, trade union activity or raising health and safety concerns.

Constructive dismissal is where you resign because your employer seriously breached your contract, for example by cutting your pay without agreement. Wrongful dismissal is a breach of contract claim, usually for notice pay, and needs no qualifying service. Statutory minimum notice is one week after one month's service, then one week per complete year up to 12 weeks.

How do you make an employment tribunal claim?

Before most tribunal claims you must notify Acas and go through early conciliation. This is a legal requirement. Since 1 December 2025 the conciliation period can last up to 12 weeks, and the tribunal time limit is paused while it runs. If it does not settle, Acas issues a certificate and you then submit form ET1.

Try to resolve things with your employer first by raising a written grievance. The Acas Code of Practice on disciplinary and grievance procedures applies, and a tribunal can raise or reduce compensation by up to 25% if either side unreasonably fails to follow it.

If you win an unfair dismissal claim you can get a basic award (like statutory redundancy pay) and a compensatory award for lost earnings. For dismissals from 6 April 2026 the compensatory award is capped at the lower of £123,543 or 52 weeks' pay.

What are your redundancy rights?

Redundancy is a potentially fair reason for dismissal, but your employer must use a fair selection process, consult you and consider suitable alternative work. If 20 or more redundancies are proposed at one establishment within 90 days, collective consultation must start at least 30 days before the first dismissal (45 days for 100 or more).

You are entitled to statutory redundancy pay if you are an employee with at least two years' service. It is:

  • half a week's pay for each full year worked while under 22
  • one week's pay for each full year worked aged 22 to 40
  • one and a half weeks' pay for each full year worked aged 41 or over

Service is capped at 20 years and weekly pay at £751, so the maximum is £22,530 for redundancies on or after 6 April 2026. Your contract may give you more.

Is my settlement agreement fair?

A settlement agreement is a legally binding contract where you give up the right to bring tribunal claims, usually in return for a payment. To be valid it must be in writing, relate to particular complaints, and you must have received advice from an independent adviser (usually a solicitor) who is named in the agreement. Employers often contribute to the cost of that advice.

Employers may start a protected conversation under section 111A of the Employment Rights Act 1996 to propose ending your employment. What is said generally cannot be used in an ordinary unfair dismissal claim, but that protection does not cover discrimination or whistleblowing claims, or improper behaviour. Whether an offer is fair depends on the strength of your potential claims, your notice pay and how long it may take to find new work, so it is worth getting it checked before you sign.

What protection do you have against discrimination, bullying and whistleblowing detriment?

The Equality Act 2010 protects you from day one (and job applicants too) against discrimination, harassment and victimisation because of nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Maternity discrimination includes unfavourable treatment during pregnancy or maternity leave.

Bullying on its own is not a separate legal claim, but it may amount to harassment, a breach of the duty of trust and confidence or grounds for constructive dismissal. If you report wrongdoing in the public interest (a protected disclosure), you are protected as a whistleblower from day one. Since 6 April 2026 disclosures about sexual harassment count as protected disclosures.

What has the Employment Rights Act 2025 changed so far?

The Employment Rights Act 2025 received Royal Assent on 18 December 2025 and is being brought in stages. Changes already in force include:

  • 6 April 2026: Statutory Sick Pay from the first day of sickness (no waiting days) and no lower earnings limit. SSP is £123.25 a week or 80% of your normal weekly earnings, whichever is lower.
  • 6 April 2026: day-one paternity leave and unpaid parental leave (statutory paternity pay still needs 26 weeks' service; the rate is £194.32 a week or 90% of earnings if lower).
  • 6 April 2026: the maximum protective award for failing to consult on collective redundancies doubled to 180 days' pay.
  • 7 April 2026: the Fair Work Agency was set up to enforce employment rights.
  • 1 October 2026: tribunal time limits rise from three to six months for acts or dismissals on or after that date.

What employment law changes are planned for late 2026 and 2027?

The government's timeline (updated 25 September 2026) sets out these planned dates:

  • 30 October 2026: employers must take "all reasonable steps" to prevent sexual harassment, and will be liable for harassment by third parties such as customers.
  • 1 January 2027: the unfair dismissal qualifying period falls from two years to six months, the cap on the compensatory award is removed, and new protections against fire and rehire (dismissing staff to force contract changes) start.
  • During 2027: rights to guaranteed hours for zero-hours workers, stronger protection for pregnant workers and new mothers, bereavement leave (including pregnancy loss), limits on NDAs covering harassment and discrimination, and a tougher test for refusing flexible working.

Dates for the 2027 measures depend on regulations, so check before relying on them.

What are the key deadlines and time limits?

Employment deadlines are short and strictly applied:

  • Acts or dismissals before 1 October 2026: three months less one day to start Acas early conciliation for most claims
  • Acts or dismissals on or after 1 October 2026: six months less one day
  • Early conciliation pauses the clock for up to 12 weeks; you usually have at least one month after the certificate to submit your ET1
  • Statutory redundancy pay: claim from your employer within six months of your job ending
  • Unfair dismissal qualifying period: two years now; six months where the effective date of termination is on or after 1 January 2027

What should you do next?

  1. Write down what happened, with dates, and keep copies of your contract, payslips, emails and any dismissal or redundancy letters.
  2. Work out your deadline now: note the date of dismissal or the last act you are complaining about.
  3. Raise a written grievance or appeal with your employer, following the Acas Code.
  4. Ask Libra to explain your rights, estimate redundancy pay, review a settlement offer or draft a grievance letter.
  5. Notify Acas for early conciliation before your time limit runs out.
  6. If you have been offered a settlement agreement or have a complex claim, find a lawyer or clinic through Libra.

Frequently asked questions

Am I entitled to redundancy pay?

You are entitled to statutory redundancy pay if you are an employee with at least two years' continuous service and your job has genuinely gone. The amount depends on age, service and weekly pay, capped at £751 a week and 20 years, so a maximum of £22,530 from 6 April 2026.

Can I be sacked without a reason?

If you have less than two years' service your employer can usually dismiss you without following a fair process, unless the reason is automatically unfair or discriminatory. With two years' service you have a right to written reasons and to a fair process. The qualifying period is due to fall to six months from 1 January 2027.

How long do I have to make an employment tribunal claim?

For acts or dismissals before 1 October 2026 you usually have three months less one day to start Acas early conciliation. For acts on or after 1 October 2026 this becomes six months less one day. Early conciliation pauses the clock, and you get extra time after the certificate.

What is a protected conversation?

It is an off-the-record discussion where your employer proposes ending your employment on agreed terms. Under section 111A of the Employment Rights Act 1996 it usually cannot be used as evidence in an ordinary unfair dismissal claim. It is not protected where there is improper behaviour or where you claim discrimination or whistleblowing.

Is Statutory Sick Pay paid from day one now?

Yes. Since 6 April 2026 SSP is paid from the first day you are off sick, with no waiting days and no minimum earnings level. You get £123.25 a week or 80% of your normal weekly earnings, whichever is lower, for up to 28 weeks. Your contract may give you more.

Is fire and rehire banned?

Not yet. Under the government's timeline, new protections start in January 2027. Dismissing someone for refusing to accept changes to key terms such as pay, hours or holiday will then be automatically unfair, except in narrow cases where the business faces serious financial difficulty.

Do I need a lawyer for a settlement agreement?

Yes. A settlement agreement only stops you bringing tribunal claims if you have received advice from a relevant independent adviser, usually a solicitor, on its terms and effect. Many employers contribute towards the cost. You can find a lawyer through Libra.

Can my employer change my hours or pay without asking me?

Usually not. Changing your hours, pay or place of work normally needs your agreement, and imposing a change can be a breach of contract. If you keep working without objecting for a long time you may be treated as accepting it, so object in writing. The fire and rehire protections are planned for 1 January 2027, not yet in force.

Can I be sacked while I am off sick?

Yes, but it must be fair. Your employer should get medical evidence, consider how long you are likely to be off and whether adjustments could help, and follow a proper process. If your illness is a disability, dismissal may also be disability discrimination, which you can claim for from day one, with no minimum service.

Can I be dismissed for being pregnant or taking maternity leave?

No. Dismissal because of pregnancy, maternity leave or related reasons is automatically unfair and discriminatory, and you do not need any minimum length of service to claim. Redundancy during or shortly after pregnancy is also restricted: you may have priority for any suitable alternative vacancy. Keep any letters and raise it quickly because tribunal time limits are short.

Can I bring a tribunal claim if I have worked there less than two years?

Yes, for some claims. Discrimination, whistleblowing, dismissal for asserting a statutory right, and pregnancy-related dismissal need no minimum service. Ordinary unfair dismissal currently needs two years, and the government plans to cut this to six months for dismissals on or after 1 January 2027. That date is planned, not yet in force.

How much notice do I have to give if I resign?

Check your contract first, as it may require more. If it is silent, the legal minimum is one week once you have worked for one month. Your employer must give you at least one week for each full year of service, up to 12 weeks, if you have worked for them for a month or more. You can agree a shorter period.

Can my employer take money out of my wages?

Only if the law, your contract or your written agreement allows it, for example tax, or an agreed overpayment recovery. Deductions for things like uniform, till shortages or a disputed debt need clear prior agreement. You can challenge unlawful deductions in a tribunal after early conciliation, and the time limit is short, so act promptly.

Can I be dismissed for taking time off for a family emergency?

Employees have a right to reasonable unpaid time off to deal with an emergency involving a dependant, such as a child or partner who is ill or injured, or when care arrangements break down. Dismissing or penalising you for using it is automatically unfair. Tell your employer the reason as soon as you reasonably can.

Ask Libra

  • Can my employer change my contract without my agreement?
  • Was my dismissal unfair if I had worked there under two years?
  • What can I claim if I was dismissed while pregnant?
  • Can I be sacked while I am off sick?
  • Has my employer made an unlawful deduction from my wages?
  • What changes under the Employment Rights Act 2025 this year?

Sources

This guide is general information about the law in England and Wales as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.

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Related Resources
For Individuals
What Does the Employment Rights Act 2025 Mean for You?
Guides
Plain-English guide to the Employment Rights Act 2025: unfair dismissal reform, day-one sick pay, zero-hours rights, fire and rehire restrictions, and the phased timetable through to 2027.
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