I was dismissed without any warning, what are my rights?

Quick Answer

Unless you were dismissed for gross misconduct, a fair dismissal usually requires a formal disciplinary process including warnings. Being dismissed without any warning may constitute unfair dismissal if you have at least two years of continuous employment.

Employees with at least two years of continuous employment have the right not to be unfairly dismissed under the Employment Rights Act 1996. A dismissal is procedurally unfair if the employer fails to follow a reasonable procedure — which normally includes at least one formal warning before dismissal, except in cases of gross misconduct.

The ACAS Code of Practice on Disciplinary and Grievance Procedures (2015) sets out the expected steps: a written invitation to a disciplinary meeting, the meeting itself (with the right to be accompanied), a written decision, and the right of appeal. Failure to follow the Code does not automatically make a dismissal unfair, but tribunals must take it into account and can increase any compensation by up to 25% if the employer unreasonably failed to follow it.

If you were dismissed summarily (without notice) for something other than gross misconduct, you are likely entitled to both notice pay (or pay in lieu of notice) and potentially a finding of unfair dismissal.

You must bring an Employment Tribunal claim within three months minus one day of the effective date of termination. Before doing so, you must notify ACAS and go through early conciliation, which pauses the time limit.

If you have less than two years of service, you generally cannot claim unfair dismissal, but you may still have claims for: wrongful dismissal (breach of contract), notice pay, discrimination, or whistleblowing detriment — none of which have a qualifying period.

Relevant legislation

  • • Employment Rights Act 1996, s.94–107
  • • ACAS Code of Practice on Disciplinary and Grievance Procedures 2015

Get free AI legal guidance on your situation

Tell Case Buddy about your specific circumstances and get instant, plain-English guidance.

Start Free →