Unfair Dismissal Examples: Real Cases Explained
Unfair Dismissal Examples: Real Cases Explained
Important: This guide provides general information about UK employment law. It is not legal advice and cannot account for your specific circumstances. Time limits for employment tribunal claims are strict. If you're considering a claim, check deadlines carefully and consider seeking professional advice.
Jurisdiction
This guide applies to England, Wales and Scotland. Employment law in Northern Ireland operates under different legislation and procedures.
In brief: Real tribunal cases show that unfair dismissal claims often come down to a few basics. A lot fail straight away because the person doesn't have 2 years' service or they miss the 3-month deadline. If a claim does succeed, it's usually because the employer handled it badly — a poor investigation, changing the reasons, or deciding the outcome before the meeting. Tribunals mainly ask: "Would a reasonable employer have done this?" not "Was this unfair?"
Last updated: 6 February 2026 By Yerty, using employment tribunal decisions and UK government legislation.
If you've been dismissed and you're unsure whether it was fair, real examples can help. The aim here is to show common tribunal "fault lines" — reason, process, proportionality — and the kinds of documents that tend to matter.
What Unfair Dismissal Means (the Legal Test)
Unfair dismissal is a legal test about fairness — not only whether the outcome felt harsh. In broad terms, a tribunal may ask whether your employer:
- relied on a potentially fair reason; and
- acted reasonably overall, including whether the process was fair.
Start with the Yerty pillar guide: Unfair Dismissal: Your Rights, Time Limits & What To Do.
Who Can Claim Unfair Dismissal?
In most cases, ordinary unfair dismissal applies if you were an employee and you have 2 years' continuous service. Some dismissals may still be treated as automatically unfair without 2 years, depending on the reason (for example, certain health and safety situations). Your position may be different if you are a worker, self-employed, or your employment status is unclear. Eligibility often turns on your status, service length, and the real reason for dismissal.
For more details: What Are My Employment Rights?
Employment Rights Act 2025: What's Changing
The Employment Rights Act 2025 received Royal Assent on 18 December 2025. Key changes affecting unfair dismissal claims are being phased in over 2026–2027:
- Qualifying period reduced to 6 months from 1 January 2027 (down from the current 2 years). The government's original proposal for day-one protection was dropped during the Act's passage through Parliament.
- Compensation cap abolished for all unfair dismissal claims from 2027. Currently, the compensatory award is capped at the lower of 52 weeks' gross pay or £118,223. From 2027, that cap is removed and awards will be based on actual financial loss.
- Tribunal time limits extended to 6 months (from the current 3 months minus 1 day), expected no earlier than October 2026.
Until these changes come into force, current rules apply. Dates may still change — check the latest position before relying on them.
For the latest implementation dates: GOV.UK: Employment Rights Act implementation timeline
Why Examples Matter
People often search for unfair dismissal examples to ask: "Does this sound like what happened to me?" Patterns that tribunals often scrutinise employers for include:
- Investigations that missed key evidence
- Dismissals that jumped to the final sanction without warnings
- Redundancy processes that look pre-decided
- Appeals handled by the original decision-maker
Example 1: Misconduct Dismissal After a Rushed Investigation
Scenario: "dismissed without proper investigation"
Amir is suspended after an argument at work. He is interviewed 2 days later with under 24 hours' notice. The investigator speaks only to the complainant, not two witnesses, and Amir is not shown statements before the hearing. He is dismissed for gross misconduct.
What went wrong (tribunal lens)
Tribunals may look at whether the employer formed a genuine belief on reasonable grounds after a reasonable investigation, and whether the employee had a fair chance to respond. Here, the process was fast and one-sided, key witnesses were not interviewed, and statements were not shared before the hearing — all of which may undermine fairness.
Evidence that may help prove unfairness
- Invites showing short notice (e.g., under 48 hours)
- Requests to see statements or speak to witnesses, and the response (or silence)
- The disciplinary policy showing which steps were skipped
Tribunal principle: A genuine belief in misconduct is not enough on its own — it must rest on a reasonable investigation that gave the employee a fair chance to respond.
Example 2: Dismissal During a Pending Grievance
Scenario: "dismissed while grievance pending"
Dani raises a grievance on 10 March. "Performance concerns" are raised for the first time on 15 March. She is dismissed on 25 March while the grievance remains unresolved, and earlier emails praise her work.
What went wrong (tribunal lens)
Tribunals may look closely at dismissals where the stated reason appears suddenly and the timing follows a grievance, especially if earlier records point the other way. Here, "performance concerns" only emerged after the grievance, the dismissal followed quickly while the grievance remained unresolved, and earlier emails praising Dani's work may conflict with the later explanation. This may lead a tribunal to question the real reason for dismissal.
Evidence that may help prove unfairness
- The grievance letter and any response (or none)
- Performance records and emails from before the grievance
- A dated timeline: grievance → first "concerns" → dismissal
Tribunal principle: Where the stated reason appears suddenly after a complaint and earlier records don't support it, a tribunal may question whether the real reason was something else.
Example 3: Redundancy With No Proper Consultation
Scenario: "unfair dismissal redundancy example"
Josh is told his role is redundant. The consultation lasts 15 minutes. He is not given selection criteria or scoring, and he is told there's "nothing suitable" elsewhere. A similar role is advertised 3 weeks later and much of his work continues.
What went wrong
Redundancy is not automatically fair. Tribunals often look for meaningful consultation, clear selection criteria and scoring, and real consideration of alternatives. A process can look pre-decided where the role or work appears to continue shortly afterwards.
Evidence that may help prove unfairness
- Consultation notes (including your own if none were provided)
- Requests for criteria or scoring and the response
- Evidence the role was advertised or the work continued
Tribunal principle: A "redundancy" label does not protect a superficial process. If the work continues or a similar role appears, a tribunal may question whether there was a genuine redundancy at all.
Example 4: Constructive Dismissal After Repeated Failures to Act
Scenario: "constructive dismissal examples"
Sana raises written bullying concerns 3 times over 4 months with no response. She is then criticised in a team meeting for "complaining too much" and resigns the next week, explaining why in her resignation letter.
What went wrong
Constructive dismissal claims often focus on a serious employer breach and whether resignation followed in response. Repeated written complaints being ignored, followed by a quick resignation after matters worsen, can be relevant.
Evidence that may help prove unfairness
- Written complaints or grievances and any responses (or silence)
- Emails and messages from the time showing what happened and when
- Resignation letter linking the conduct to leaving
Tribunal principle: Resignation may be treated as dismissal where there was a serious breach and you resigned in response. Timing and evidence usually matter — long delays before resigning can weaken the link.
For full guidance: Constructive Dismissal: When You Can Treat Yourself as Dismissed
Example 5: Dismissal Under 2 Years With a Shifting Explanation
Scenario: "unfair dismissal examples under 2 years"
Mina has 11 months' service. After raising a health and safety concern on 5 January, she is called to a "performance" meeting on 15 January with no prior issues raised and dismissed on 20 January. The letter cites "capability", but December emails praise her work.
What went wrong
Ordinary unfair dismissal commonly requires 2 years' service, but some dismissals may be treated differently depending on the reason. Where the explanation shifts soon after a protected concern and earlier records don't support it, tribunals may question the real reason.
Evidence that may help prove unfairness
- The health and safety concern in writing
- Earlier performance records and emails
- Dismissal outcome letter and any earlier "concerns" (or none)
Tribunal principle: Some "automatic" unfair dismissal reasons — for example, raising health and safety concerns — do not require 2 years' service. If the timing and evidence suggest the real reason was a protected concern, the qualifying period may not apply.
For eligibility detail: Unfair Dismissal Under 2 Years: Can You Still Claim?
What These Examples Show: Common Patterns
Across these scenarios, certain patterns appear repeatedly:
| Pattern | What it may suggest |
|---|---|
| Very short timescales | Limited evidence or notice |
| Missing steps from policy | Employer missed its own process |
| No warnings for first issues | Disproportionate sanction |
| Inconsistent treatment | Similar cases treated differently |
| Ignored evidence or appeals | Box-tick process |
| Shifting explanations | Stated reason may not be the real reason |
| Dismissal soon after raising concerns | Timing points to the complaint |
How to Use Examples When Assessing Your Own Case
If you're unsure whether your dismissal might be unfair, examples can help you organise your thinking.
Possible steps include:
- Building a dated timeline of events
- Comparing events to your employer's policy — were key steps followed?
- Listing what evidence you have (letters, emails, notes)
- Looking for patterns that match the examples above (rushed process, no warnings, inconsistent treatment)
These steps don't tell you whether you have a claim, but they can help you work out what questions to ask if you speak to a solicitor or adviser.
Time Limits (Strict Deadlines Apply)
Time limits can end otherwise strong cases. For most unfair dismissal claims, the main deadline to submit a claim to the employment tribunal is 3 months minus 1 day from the effective date of termination (when employment ended). This is not always the same as the dismissal letter date.
Before submitting a tribunal claim, you must notify ACAS for early conciliation. The time spent in early conciliation may extend your deadline, but you should not rely on this — always start the process well before the 3-month deadline.
From no earlier than October 2026, the Employment Rights Act 2025 is expected to extend this deadline to 6 months. Until that change comes into force, work to the current 3-month deadline.
For more detail: Workplace Deadlines and Time Limits
What You Could Claim If Successful (High-Level Only)
If a tribunal finds dismissal was unfair, outcomes may include:
- A basic award (calculated using statutory rules based on age, length of service, and weekly pay — currently capped at £719 per week)
- A compensatory award (aimed at covering financial loss, currently capped at the lower of 52 weeks' gross pay or £118,223 — this cap is being removed from 2027 under the Employment Rights Act 2025)
- In some cases, reinstatement or re-engagement (less common in practice)
Amounts depend on factors including earnings, length of service, job-search efforts, and whether a tribunal finds you contributed to the dismissal.
What to Do Next
If you recognise patterns from these examples in your own situation, possible next steps may include:
- Collecting key documents (dismissal letter, meeting notes, policies, emails)
- Building a dated timeline that matches events to evidence
- Checking whether you used the appeal process and what happened
- Understanding your time limit and whether you are still within it
- Contacting ACAS for early conciliation if you are considering a claim
For the full step-by-step overview: Unfair Dismissal: Your Rights, Time Limits & What To Do
Frequently Asked Questions
What are common unfair dismissal examples?
Common examples include rushed or one-sided investigations, dismissal for a first issue with no warnings, redundancy with little consultation or unclear scoring, and dismissals where the employer's explanation shifts. Tribunals often focus on process fairness and proportionality.
Can you give an example of an unfair dismissal case?
One example is a misconduct dismissal after a one-sided investigation — key witnesses weren't interviewed, the employee wasn't given a fair chance to respond, notice of the hearing was very short, and the outcome looked decided in advance. A tribunal can find the dismissal unfair because the process wasn't reasonable, even if the employer believed there was misconduct.
What evidence proves unfair dismissal in real cases?
Evidence often includes the dismissal outcome letter, meeting invites and notes, investigation or consultation records, relevant policies, emails and messages from the time, and appeal documents. A clear dated timeline often matters.
Are there unfair dismissal examples for redundancy?
Yes. Examples include brief consultation, unexplained selection scoring, alternatives rejected without real consideration, or the work continuing afterwards. Tribunals may question a process that looks pre-decided.
Can you claim unfair dismissal under 2 years?
Ordinary unfair dismissal usually needs 2 years' continuous service (reducing to 6 months from 1 January 2027). However, some dismissals may be treated as automatically unfair regardless of service length. Whether that applies depends on the reason for dismissal and what the evidence suggests was really driving it.
What is the time limit for an unfair dismissal claim?
In most cases, the deadline is 3 months minus 1 day from the effective date of termination (when employment ended). This is not always the same as the dismissal letter date. You must also notify ACAS for early conciliation before submitting a claim. From no earlier than October 2026, this deadline is expected to extend to 6 months under the Employment Rights Act 2025.
Sources
- GOV.UK: Dismissal — unfair and constructive dismissal
- Employment Rights Act 1996
- Employment Rights Act 2025
- GOV.UK: Plan to Make Work Pay — Timeline Update (3 February 2026)
- ACAS: Making a claim to an employment tribunal
- Published employment tribunal decisions (England, Wales and Scotland)