Dismissals done right: your guide to fair terminations

Dismissal risk is changing. Make sure your process is ready for October 2026 and beyond.

Two major employment law changes mean getting dismissals right is about to become even more important:

• 1 October 2026, employees will have six months instead of three to bring an employment tribunal claim.
• 1 January 2027, employees will only need six months’ service to bring an ordinary unfair dismissal claim – down from two years.

Both changes mean more employees will have the right to bring a claim against you, and more time to build their case before doing so.

Our free Dismissals done right guide explains the five potentially fair reasons for dismissal and the process you should follow to make fair, consistent and well-documented decisions.

What’s changing?

1 October 2026: more time to bring a claim

The time limit for bringing most employment tribunal claims increases from three months to six.

For employers, that makes having a clear evidence trail and properly documented dismissal process even more important.

1 January 2027: unfair dismissal rights from six months

The qualifying period for ordinary unfair dismissal falls from two years to six months.

That gives employers a much shorter window to assess performance, address concerns and make properly considered decisions about newer employees.

What’s inside the guide?

There are five potentially fair reasons for dismissal. The guide explains what each means and the process you should follow.

• Conduct – dealing with misconduct and gross misconduct fairly
• Capability – managing performance and health-related capability concerns
• Redundancy – consultation, selection and a fair redundancy process
• Illegality – what to do when continuing employment would break the law
• Some other substantial reason (SOSR) – handling situations that don’t fit neatly into the other categories

You’ll also get practical guidance on documentation, reasonable adjustments, investigations and when to take expert advice.

Get your dismissal process ready

A fair reason alone isn’t enough. How you reach and document your decision matters too.

Download the guide to help you:

• Identify the potentially fair reason that applies
• Follow the right process
• Build a clear evidence trail
• Avoid common dismissal mistakes
• Know when to get advice before acting

Talk to our team

Difficult people decisions are easier when you have an expert in your corner.

Citation clients are 93% less likely to face an employment tribunal claim than the national average. Citation’s HR & Employment Law advisers support businesses through disciplinaries, capability concerns, redundancies and dismissals – from the first conversation to the final decision.

Call 0345 844 1111 to find out how we can support your business.