Dismissal

Procedures for dismissal

The Acas Code of Practice on Disciplinary and Grievance Procedures sets out guidance on the disciplinary process as a minimum standard for a full and fair procedure to be followed by employers. The code advocates that employers should have disciplinary procedures in place and follow these if they dismiss employees. If the dismissal relates to a disciplinary reason they must follow a disciplinary procedure. 

Northern Ireland 

The Northern Ireland equivalent Code of Practice is prepared by the Labour Relations Agency and is broadly similar to that of Acas, save for the significant difference of the requirement on employers to comply with the Statutory Disciplinary and Dismissal Procedure (SDDP).

In Northern Ireland, employers must follow the statutory three-stage dismissal and disciplinary process. Failure to follow this SDDP will result in a dismissal being automatically unfair.

Requires the employer to set out, in writing, to the employee, the reasons why dismissal or disciplinary action against the employee is being contemplated. This statement must be sent to the employee inviting them to attend a meeting to discuss the matter where they have the right to be accompanied by a union representative of their choice.

The meeting must take place before any disciplinary action is taken and only after the employer has explained to the employee the basis of the statement given under Step 1 and the employee has had a reasonable opportunity to consider their response. The employee must take all reasonable steps to attend the meeting. After the meeting, the employer must inform the employee of the decision and advise the employee of the right to appeal.

The employee advises the employer that they wish to appeal. The employer must then invite the employee to another meeting, which should be heard by a different and more senior manager, and the employee must take all reasonable steps to attend. The appeal meeting need not take place before the dismissal or disciplinary action takes effect. After the appeal, the employer must inform the employee of the final decision. 

Again, unless employers follow the statutory procedure above, industrial tribunals will automatically find dismissals unfair. 

Fair reasons for dismissal

Your employer must have a fair reason for dismissing you. Fair reasons for dismissal can include:

• Behaviour that is a serious act of misconduct and breaches the terms of your contract, such as theft, fighting with colleagues or abusing alcohol.
• Inability to do your job because you do not have the skills.
• You break a law in a way that brings your employer into disrepute or interferes with your work (for example, if you are sent to prison).
• Retirement.
• Redundancy.
• The end of a fixed-term contract. 

Constructive dismissal

To pursue a claim for (constructive) unfair dismissal, you would need to show that your employer has fundamentally breached the contract and you resigned promptly in response. 

This is a very serious step to take and we would never advise anyone to resign without first seeking specific advice on their situation from a UNISON rep.

Examples of behaviour that might form the basis of a constructive dismissal can include:

• Not being paid.
• Being forced to accept unreasonable changes to your job that are not specified in your contract.
• Working in dangerous conditions.

If you are affected by an intolerable workplace situation and you might be thinking of resigning, you should speak to a UNISON rep without delay, and always before taking such action.

You should try to see if speaking to your manager or the Human Resources (HR) Department might resolve the issue. Your UNISON rep can help you to prepare for these conversations and may even be able to attend with you.

You should also review your organisation’s grievance procedure as this might give you further guidance.

You can also contact the Acas helpline (08457 474 747) for confidential advice. 

In Northern Ireland, you can contact the Labour Relations Agency (LRA) for confidential advice. 

Unfair dismissal

A dismissal can be called unfair because:

• the reason for dismissal is unfair and does not justify dismissing them;
• the dismissal procedure followed was inappropriate or unreasonable;
• in Northern Ireland only, there has been a breach of the SDDP.

In most cases, only employees who have been employed for two years or more can bring claims for unfair dismissal. However, from 1 January 2027, protection from unfair dismissal will become a right after six months of employment. In Northern Ireland this is one year.

If you have been employed continuously at the same organisation for at least two years, you have the right to ask your employer to give you the reason(s) for your dismissal in writing within 14 days of you asking, if they have not done so. An employer must put the reason for dismissal in writing, regardless of the length of employment, if you are a pregnant employee or an employee on maternity or adoption leave.

Both redundancy and retirement decisions can be considered as unfair dismissals if your employer has not followed an appropriate procedure, which can involve looking at the reasons why it took the decision to retire you or make you redundant. 

Automatically unfair reasons for dismissal

There are some reasons for dismissal that are automatically unfair, some of the most typical examples are dismissals that occur because:

• of your race, gender, sexual orientation or any of the other protected characteristics under the equality laws (you may have other claims as well);
• you are pregnant, including all reasons relating to maternity (you may have other claims as well);
• you try to exercise parental or adoption leave;
• you try to assert your employment rights;
• you belong to a trade union, take part in lawful industrial action or act as a trade union representative;
• in Northern Ireland only, a breach of the SDDP. 

Legal disclaimer 

The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland. 

While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.