Employment law in the United Kingdom continues to evolve, and the changes coming in 2026 will affect both employers and employees alike. Whether you’ve been dismissed unfairly, discriminated against at work, or face redundancy, understanding your rights is crucial. This guide covers the key developments and what they mean for you.
| Key Point | What This Means |
|---|---|
| Employment Rights Act Changes | The 2026 amendments strengthen protections for whistleblowers and workers in precarious roles, making it easier to pursue claims against employers who breach statutory duties. |
| Tribunal Time Limits | Claims must now be filed within three months of the event (minus one day), with limited scope for extension beyond this deadline. |
| Discrimination and Equality | Enhanced protections under the Equality Act 2010 now extend to neurodiversity in workplace accommodation requirements. |
| Unfair Dismissal Standards | The threshold for proving unfair dismissal has become stricter, requiring employees to demonstrate procedural breach or substantive unfairness under the Employment Rights Act 1996. |
| Redundancy Consultation | Employers must consult affected employees for at least 30 days (45 if 100+ redundancies). Failure to do so exposes them to compensatory awards. |
| Your Right to Legal Representation | You can instruct a solicitor to represent you at tribunal. Many employment claims proceed on a no-win, no-fee basis, meaning no upfront cost. |
What Constitutes Unfair Dismissal in 2026?
Unfair dismissal remains one of the most common employment claims brought before the tribunal. The Employment Rights Act 1996 sets the legal framework, and 2026 brings refinements to how tribunals assess fairness.
Procedural Fairness and Dismissal
An employer must follow a fair process before dismissing you. This includes giving you notice of the alleged misconduct, allowing you to respond, and conducting an investigation where appropriate. If your employer skips these steps, the dismissal may be unfair. The tribunal will examine whether the employer acted reasonably in the circumstances. Factors considered include the size of the organisation, the seriousness of the alleged conduct, and whether a warning was given beforehand.
A case we recently handled involved a warehouse worker dismissed without investigation after a single complaint. The tribunal found the dismissal procedurally unfair, as no proper inquiry was conducted before termination. The employee received compensation reflecting lost wages and injury to feelings.
Substantive Fairness — Capability and Conduct
Beyond procedure, the employer’s reason for dismissal must be substantively fair. Capability dismissals require the employer to demonstrate the employee was unable to do the job, despite support or training. Conduct dismissals demand evidence of a genuine breach warranting termination. The threshold is whether the employer acted reasonably — not whether you agree with their decision. If you believe you were dismissed for an unfair reason (such as taking sick leave or jury duty), the burden shifts to your employer to prove otherwise.
Discrimination and Unfair Dismissal: Your Protections
If you were dismissed because of a protected characteristic — such as age, race, gender, disability, religion, or sexual orientation — that dismissal is automatically unfair under the Equality Act 2010. You do not need two years’ service to bring a discrimination claim, unlike standard unfair dismissal. Moreover, compensation is uncapped, whereas unfair dismissal awards have statutory limits.
Disability and Reasonable Adjustments
Employers must make reasonable adjustments for disabled employees. If your employer dismissed you without exploring adjustments (such as flexible working or modified duties), that may constitute both unfair dismissal and disability discrimination. The burden is on the employer to show they considered adjustments and concluded they were not reasonably practicable. A client with a chronic health condition was dismissed after requesting part-time work. The tribunal found that part-time working was reasonably practicable, and no genuine exploration occurred. Compensation included two years’ lost earnings plus damages for injury to feelings.
Redundancy Claims and Your Rights
Redundancy occurs when a job ceases to exist due to reorganisation, closure, or reduced need. However, redundancy must be genuine and the selection process fair. If you were selected unfairly — for example, due to age or disability — or if proper consultation did not occur, the redundancy dismissal may be unfair.
Consultation and Selection Procedures
Employers must consult with affected employees for a minimum period (30 days for fewer than 100 redundancies; 45 days for 100 or more) before finalising decisions. Consultation means genuinely considering alternatives, not simply informing you of a decision already made. Selection criteria must be objective and applied consistently. Failure to consult or using discriminatory selection criteria exposes employers to tribunal claims. We recently secured compensation for a client who was selected for redundancy due to age bias whilst younger, less experienced colleagues were retained.
How to Pursue Your Employment Claim
If you believe you have been treated unfairly, the first step is understanding your options. You must file a claim with the Employment Tribunal within three months of the event (the “triggering event” — dismissal date, last day of discrimination, etc.). Claims filed after this deadline are generally struck out, though there are limited exceptions if you can prove it was “not reasonably practicable” to claim sooner.
Before You Claim: ACAS Conciliation
Before filing a tribunal claim, you must contact ACAS (Advisory, Conciliation and Arbitration Service) for a free conciliation period. This gives both sides a chance to settle without tribunal involvement. Many claims are resolved this way. If conciliation fails, you can proceed to tribunal. Wolf Law’s employment solicitors can guide you through this process and help negotiate a settlement if appropriate.
Frequently Asked Questions
How long do I have to claim unfair dismissal?
You must submit your claim to the Employment Tribunal within three months of your dismissal date (minus one day). This deadline is strict. If you miss it, your claim will be rejected unless you can prove exceptional circumstances. We recommend contacting Wolf Law immediately if you believe you’ve been unfairly dismissed.
Can I be dismissed while on sick leave?
Dismissing an employee solely because they are on sick leave is automatically unfair. However, an employer may dismiss during sick leave if there is a separate, fair reason (such as misconduct or redundancy). The key test is whether the real reason for dismissal was the sick leave itself or something unrelated. If dismissal was triggered by absence, the burden shifts to the employer to prove otherwise.
What compensation can I receive for unfair dismissal?
Compensation includes a basic award (based on age, service, and weekly pay, capped at £15,750 in most cases) plus a compensatory award (covering lost wages and injury to feelings, capped at £105,707 as of 2026, or higher for discrimination cases). Many claims are settled for less than these maximums, depending on the strength of evidence.
Do I need a solicitor for my employment tribunal claim?
You do not legally require a solicitor, but representation significantly strengthens your case. Employers often have legal representatives, and the tribunal process involves strict procedural rules. Wolf Law offers employment law services on a no-win, no-fee basis, meaning you only pay if you win, making professional representation accessible.
What is the difference between unfair dismissal and wrongful dismissal?
Unfair dismissal is a statutory claim brought under employment law and judged against the Employment Rights Act 1996. Wrongful dismissal is a breach of contract claim (you can sue in civil court). Unfair dismissal offers tribunal remedies and capped awards; wrongful dismissal typically results in damages for breach of contract. You can pursue both if applicable.
Can my employer dismiss me for whistleblowing?
No. The Public Interest Disclosure Act 1998 protects workers who report serious breaches (such as health and safety violations, criminal conduct, or breaches of legal obligation). Dismissal for whistleblowing is automatically unfair and can lead to compensation for lost earnings, plus damages for injury to feelings. If you’ve been dismissed after reporting misconduct, contact Wolf Law urgently.
What happens if my employer breaches a settlement agreement?
Settlement agreements (previously known as compromise agreements) are legally binding. If your employer breaches the terms — for example, by continuing to make deductions or failing to pay the agreed sum — you can sue for breach of contract. Ensure any settlement is drafted by a solicitor to protect your interests and ensure all terms are clearly stated in writing.
Protecting Your Employment Rights
Employment law exists to protect you. Whether you face unfair dismissal, discrimination, redundancy, or whistleblowing retaliation, you have rights under UK statute. The Employment Rights Act 1996, the Equality Act 2010, and the Public Interest Disclosure Act 1998 all provide legal remedies. However, pursuing a claim requires understanding the law and meeting strict procedural deadlines.
If you believe you’ve been treated unfairly at work, the first step is to seek specialist advice. Wolf Law’s employment solicitors offer transparent fee arrangements, including no-win, no-fee services for qualifying claims. We’ll assess your case, guide you through ACAS conciliation, and represent you at tribunal if necessary.
Contact us today for a confidential consultation. Your employment rights matter — let us help you enforce them.
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.
