If you've just been dismissed, made redundant, or handed a settlement agreement, the next 24 hours matter. Here's what your rights actually are in 2026 — and the mistakes that can cost you thousands.
Updated June 2026
A lot of employees assume HR exists to protect staff. It doesn't — HR's legal duty is to the organisation, not to you individually. That doesn't mean HR staff are dishonest, but when HR says "let's keep this informal" or "we're just trying to help", remember who they're representing.
This is why getting things in writing matters so much. A verbal reassurance from HR carries far less weight than an email confirming the same thing.
Your legal protection against unfair dismissal currently depends on how long you've worked for your employer — but this is changing.
Regardless of how long you've worked somewhere, some dismissals are automatically unfair from day one. These include dismissals related to:
If any of these apply to your situation, the two-year (or six-month) rule does not apply — you're protected from your very first day of employment.
If you've been offered a settlement agreement, you're legally entitled to take independent advice before signing — and most settlement agreements only become legally binding once you've received that advice. Don't feel rushed into signing on the spot, even if HR implies the offer is time-limited.
Sometimes an employer doesn't dismiss someone outright — instead, hours get cut, duties change, criticism increases, and the pressure builds until the employee resigns. If you're being pushed toward resignation, don't resign emotionally. Document everything first — this could be relevant to a constructive dismissal claim.
Most employment disputes don't start in a courtroom. In most cases, the first step is ACAS early conciliation — which can often resolve a dispute before it ever reaches a tribunal. Employers often become noticeably more cooperative once they realise an employee understands their rights.
If you're also facing an unfair deposit deduction or a dodgy eviction notice, our free letter generator can help.
Try the Free Letter ToolIn most cases your employer must follow a fair process — including warnings, an investigation, or a disciplinary procedure — depending on the reason for dismissal. Being dismissed with no process at all may be unfair, though your right to claim depends on your length of service and the reason given.
No. You're entitled to take independent legal advice before deciding, and you shouldn't feel pressured to sign immediately.
Keep a written record of everything, gather any evidence (emails, messages, performance reviews), and consider contacting ACAS for early conciliation before deciding on next steps.
Yes — for most ordinary unfair dismissal claims the two-year qualifying period is still in place during 2026. It reduces to six months from January 2027.