How the checker works
The tool starts with the five situations that cover almost every dismissal question we get: misconduct (theft, fighting, refusing instructions), poor performance, redundancy or cost-cutting, long-term sickness, and the honest “it is just not working out”. It then asks about length of service, because unfair dismissal rights currently start at 2 years of service (dropping to six months from 1st January 2027 under the Employment Rights Act).
Then come the red flags, and these change everything whatever the situation: pregnancy or family leave, disability or long-term health conditions, a recent grievance or whistleblowing disclosure, a recently asserted legal right, or 20 or more roles affected in a redundancy. Any of these can make a dismissal automatically unfair or discriminatory, with no minimum service requirement and no cap on compensation.
Finally, a couple of questions about your specific situation (has there been an investigation, is the redundancy genuine, is there medical evidence) produce a verdict: low, medium or high risk, or stop. Every verdict comes with a step-by-step safe route and an honest costing of what getting it wrong looks like.
Common questions
Can I sack someone with less than 2 years of service?
Usually with lower risk than a longer-serving employee, because ordinary unfair dismissal claims currently need 2 years of service. But discrimination, whistleblowing and asserting-a-right claims apply from day one, and from 1st January 2027 the qualifying period drops to six months under the Employment Rights Act. A short fair process is still the safe route.
Can I dismiss someone for gross misconduct on the spot?
No. Even for theft or violence, a fair process comes first: investigate, invite them to a hearing in writing, hear their side, then decide. You can suspend on full pay while you investigate. Instant dismissal is how employers lose cases they should have won.
What does an unfair dismissal claim cost?
The compensatory award is capped at a year of gross pay or £123,543 (from 6th April 2026), whichever is lower, plus a basic award. Discrimination and whistleblowing claims have no cap. Then add your legal fees and management time, which are rarely recovered even if you win.
Can I use redundancy to get rid of a difficult employee?
No. Redundancy means the role is disappearing, not the person. If the work still needs doing and you would hire a replacement, it is not redundancy, and a tribunal will see through it. The honest routes are a proper conduct or capability process, or a protected conversation and settlement agreement.