| Fair procedure is mandatory | Your employer must complete a full, fair investigation and disciplinary hearing before dismissing you—even if allegations are serious. Procedural breaches alone can result in a successful unfair dismissal claim under the Employment Rights Act 1996. |
| You have statutory rights during investigation | You are entitled to written details of allegations, reasonable time to prepare a response, and the right to bring a companion to any hearing. Denying these rights strengthens your unfair dismissal claim. |
| Recent awards exceed £96,000 | Employment tribunals award substantial compensation for unfair dismissal caused by procedural failures. Recent cases show awards of £60,000–£100,000+ where employers breached investigation procedures. |
| Evidence collection matters immediately | Save all communications, emails, work records, and investigation documents. Request the employer’s investigation file and witness statements. This evidence is critical for your tribunal claim. |
| Three-month deadline applies | You must submit your tribunal claim within three months of dismissal. This deadline is strict and cannot be extended in most circumstances. Act quickly if you’ve been unfairly dismissed. |
| Get legal advice during investigation | Consulting a solicitor before dismissal helps you understand your rights, prepare a strong defence, and protect your position. Early legal advice often strengthens your tribunal claim significantly. |
Dismissal during an investigation can feel unjust. Many UK employees don’t realise they have strong legal protections during this period. Recent case law shows that employers must follow fair procedures, even when serious allegations are involved.
What Unfair Dismissal During Investigation Actually Means
Unfair dismissal during an investigation occurs when an employer terminates your employment while you’re being investigated for alleged misconduct. The key legal point: your employer must have followed a fair process, regardless of whether the allegations are later proven.
Under the Employment Rights Act 1996, you have the right to a fair investigation and disciplinary hearing before dismissal. The tribunal will examine whether your employer acted reasonably in all the circumstances.
A recent case at an employment tribunal awarded £96,000 to charity workers dismissed following fraud accusations and unauthorised absence claims. The tribunal found the dismissal was unfair because proper investigation procedures weren’t followed.
The Legal Standard for Procedural Fairness
Your employer must provide you with details of the allegations, give you a genuine chance to respond, and conduct a fair hearing. They cannot dismiss you without investigating thoroughly and giving you the opportunity to put your side of the story.
The ACAS Code of Practice sets out the minimum standards: written notification of allegations, reasonable time to prepare a response, and a fair hearing where you can present evidence and bring a companion.
Common Employer Mistakes That Lead to Unfair Dismissal Claims
Many dismissals are found unfair because employers skip essential steps. They might dismiss before completing the investigation, fail to hear your account, or make assumptions without evidence.
Another mistake is proceeding with dismissal while you’re in the process of gathering evidence or requesting witnesses. Employers must allow reasonable time for your defence preparation.
Some employers also dismiss during an investigation without allowing you to be accompanied by a colleague or union representative. This breaches the Employment Rights (Dispute Resolution) Act 1998.
How Procedure Failures Strengthen Your Claim
If your employer failed to follow fair procedures, you have a strong unfair dismissal claim even if the allegations have some substance. The tribunal focuses on whether the process was fair, not just the outcome.
Procedural breaches include: rushing the investigation, not interviewing key witnesses, ignoring your evidence, proceeding without a disciplinary hearing, or dismissing during a period of ongoing investigation without reasonable justification.
Steps to Protect Yourself During a Workplace Investigation
Keep detailed records of all communications with your employer. Save copies of investigation meetings, written allegations, and your written responses. These documents become crucial evidence if you later bring a tribunal claim.
Request clarity on the allegations in writing. Vague accusations make it difficult to prepare a proper defence. You’re entitled to know specifically what you’re accused of and why your employer believes misconduct occurred.
Always bring a companion to investigation meetings and disciplinary hearings. This person can support you, take notes, and help ensure the process is fair. Use this right even if your employer suggests informally handling matters.
Gathering Evidence Before Your Hearing
Collect any evidence supporting your version of events: emails, messages, work records, timesheets, witness statements, or documents showing your usual behaviour or procedures.
Request the employer’s investigation file before the disciplinary hearing. You’re entitled to see witness statements and evidence they’re relying on. This allows you to challenge inaccuracies or inconsistencies.
Compensation You Could Receive for Unfair Dismissal
Compensation for unfair dismissal has two parts. The basic award is calculated like statutory redundancy (based on age, length of service, and weekly pay). The compensatory award covers your losses: lost wages, benefits, and future earnings.
Recent cases show that larger awards are granted where the employer’s procedural failures were significant. The £96,000 award to charity workers reflects loss of earnings over several months and recognition of the serious procedural breaches.
You can also recover loss of pension rights, professional fees, and costs of job-seeking. Tribunal awards are not subject to income tax.
Time Limits for Making a Claim
You must submit your claim to the tribunal within three months of dismissal. This deadline is strict; you cannot claim after this period has passed.
Getting Help From Wolf Law
Wolf Law specialises in unfair dismissal claims. Our employment law solicitors can review your investigation documents, advise on fair procedure breaches, and represent you at tribunal hearings.
The sooner you instruct legal representation, the better your chances of a successful outcome. Contact Wolf Law today to arrange a consultation with one of our qualified solicitors.
Frequently Asked Questions
Can I be dismissed while under investigation?
No — your employer must complete a fair investigation and disciplinary process before dismissal. They cannot dismiss you simply because allegations have been made. They must give you a chance to respond and hold a proper hearing.
What if my employer didn’t follow proper procedure?
Procedural breaches are often found to be unfair dismissal, even if the allegations have some basis. The tribunal examines whether the employer acted reasonably, including whether they followed the ACAS Code and gave you a fair hearing.
Do I have a right to bring someone with me to investigation meetings?
Yes. Under the Employment Rights (Dispute Resolution) Act 1998, you have a statutory right to bring a companion (colleague, friend, or union representative) to the investigation meeting and any disciplinary hearing.
What evidence should I gather during an investigation?
Collect copies of all communications, emails, work records, and timesheets. Get written statements from colleagues who can support your account. Ask for the employer’s investigation file and witness statements before the hearing.
How much compensation can I claim for unfair dismissal?
Compensation has two parts: a basic award (calculated like redundancy) and a compensatory award (covering lost earnings and future losses). Recent cases show awards of £60,000–£100,000+ in cases with serious procedural breaches.
What is the time limit for bringing a tribunal claim?
You must submit your claim within three months of your dismissal date. This deadline is strict and cannot be extended except in limited circumstances.
Should I resign during an investigation?
Resignations during investigations are often later argued to be constructive dismissal if the employer forced the situation unfairly. Seek legal advice before resigning. You may have a stronger claim by remaining employed and contesting dismissal through tribunal.
This article is intended for informational purposes only and does not constitute legal advice. For specific advice relating to your circumstances, please contact Wolf Law directly to arrange a consultation with one of our qualified solicitors.
