Understanding Unfair Dismissal
Unfair dismissal occurs when your employer ends your employment without a fair reason or without following the correct procedure. Under UK law, most employees have the right not to be unfairly dismissed after working for their employer for at least two years. This right is set out in the Employment Rights Act 1996 Section 94, which outlines the legal protections for employees facing dismissal.
Common reasons why a dismissal may be considered unfair include being let go because of pregnancy, trade union membership, whistleblowing, or for asserting a statutory right (such as requesting flexible working). Dismissals can also be unfair if your employer does not follow a fair process, such as failing to investigate allegations or not giving you a chance to respond.
It’s important to understand the difference between unfair dismissal and wrongful dismissal. Unfair dismissal focuses on whether the employer had a fair reason and followed a fair process, while wrongful dismissal relates to a breach of contract, such as not giving the correct notice period. For more on how these areas overlap, see our section on Related legal topics.
If you want a broader overview of your rights and options, visit our main guide on Unfair Dismissal for more information about challenging a dismissal and understanding your legal protections.
What Counts as Unfair Dismissal?
When you are dismissed from your job, the law says your employer must have a fair reason and follow a proper process. If they fail to do so, you may have grounds for an unfair dismissal claim.
Some examples of unfair reasons for dismissal include being let go because of discrimination (such as race, gender, disability, or religion), whistleblowing, or asserting your legal rights at work. It is also considered unfair if you are dismissed for joining a trade union or for taking parental leave.
In addition, even if your employer claims there is a valid reason, they must follow a fair procedure when dismissing you. If they do not, the dismissal could still be considered unfair. You can learn about related laws regarding fair dismissal procedures to better understand your rights.
Another related concept is constructive dismissal. This happens when your employer’s actions force you to resign, such as by drastically changing your working conditions or failing to address serious complaints. If you believe you have been forced out, you might consider Claiming Constructive Dismissal or review the official Constructive Dismissal Guidance from Acas for more details.
Understanding what counts as unfair dismissal is the first step in deciding how to proceed with your claim.
Difference Between Unfair and Wrongful Dismissal
When dealing with dismissal from your job, it’s important to understand the difference between unfair dismissal and wrongful dismissal, as they are based on different legal principles.
Wrongful dismissal is a claim that your employer has breached your employment contract. This usually happens if you are dismissed without the proper notice period or without pay in lieu of notice, as set out in your contract or by law. It focuses on whether your employer followed the terms of your contract, rather than the reason for your dismissal.
Unfair dismissal, on the other hand, is based on statutory rights under the Employment Rights Act 1996. A dismissal is considered unfair if your employer does not have a fair reason for dismissing you, or if they do not follow a fair procedure. Common examples include being dismissed for whistleblowing, pregnancy, or for exercising certain employment rights.
You may be able to bring both types of claims if your dismissal was both procedurally unfair and breached your contract. For example, if you were dismissed without notice and without a fair reason, you could consider both an unfair and a wrongful dismissal claim.
To learn more about how wrongful dismissal works and when it might apply to your situation, see our guide on Wrongful Dismissal. You can also explore related legal topics to understand your options if you think your dismissal was handled incorrectly.
Check Your Eligibility to File a Claim
Before you start an unfair dismissal claim, it’s important to check if you’re eligible under UK employment law. Generally, you must be an employee (not a worker or self-employed) and have worked for your employer for a minimum period. In most cases, you need at least two years of continuous service to qualify for unfair dismissal protection. However, there are exceptions – some situations, such as dismissal for reasons related to discrimination, health and safety, or whistleblowing, do not require a minimum length of service.
Eligibility also covers employees on fixed-term contracts, as long as they meet the usual requirements. If you’re unsure about your status or the rules that apply to your situation, see our detailed guide: Am I Eligible to Claim Unfair Dismissal?
It’s also useful to understand the difference between unfair dismissal and other types of claims, such as wrongful dismissal. Learn about related laws to make sure you’re pursuing the right claim for your circumstances.
Time Limits for Making an Unfair Dismissal Claim
Filing an unfair dismissal claim comes with a strict time limit. In most cases, you must start your claim within three months less one day from the date your employment ended. This deadline is set by UK employment law and is enforced by employment tribunals.
To calculate your deadline, use the last day you worked as the starting point. For example, if your final day was 5 May, you must submit your claim by 4 August. It’s important to note that the clock usually starts ticking from your official dismissal date, not when you receive your final payslip or P45.
Missing this three-month deadline can mean your claim is rejected, even if you have a strong case. Employment tribunals rarely accept claims submitted late, except in very limited circumstances.
Before you can make a claim to an employment tribunal, you must notify Acas and go through Early Conciliation. The time limit for submitting your claim is paused while Acas tries to help you resolve the dispute, but resumes if conciliation does not lead to a settlement. For more details on how this affects your deadline, see Time Limits for Employment Tribunal Claims.
Because of the strict time limits, it’s best to act promptly if you believe you have been unfairly dismissed. If you’re unsure about your situation or want to explore related legal topics, getting advice early can help protect your rights.
Steps to File an Unfair Dismissal Claim
Filing an unfair dismissal claim involves several important steps. Here’s what you need to do:
1. Gather Evidence and Documents
Start by collecting all relevant documents related to your dismissal. This may include your employment contract, payslips, dismissal letter, emails, meeting notes, and any correspondence with your employer about your dismissal. Clear evidence will help support your claim and show why you believe your dismissal was unfair under the Employment Rights Act 1996.
2. Complete the ET1 Claim Form
To begin your claim, you must fill out the official ET1 claim form. This form is used to submit your case to an employment tribunal. Make sure all sections are completed accurately, as missing information could delay your claim. If you’re making a claim with others, use Form ET1A as explained on the government page.
3. Submit Your Claim
You can submit your ET1 form online or by post, following the instructions provided on the form itself. It’s essential to file your claim within three months less one day from the date your employment ended. Late claims are rarely accepted unless you have exceptional reasons.
4. Tribunal Fees and Exemptions
Currently, there is no fee to submit an unfair dismissal claim to the employment tribunal. However, it’s always a good idea to check the latest government guidance in case rules change.
5. After You File Your Claim
Once your claim is submitted, the tribunal will send a copy to your employer, who will have an opportunity to respond. The tribunal may then arrange a preliminary hearing or ask for more information from both sides. You’ll receive updates about the next steps and any deadlines you need to meet.
For a more detailed look at the process, learn more about this topic and discover what to expect when filing your case with the employment tribunal.
Starting ACAS Early Conciliation
Before you can take an unfair dismissal claim to an employment tribunal, the law requires you to go through ACAS early conciliation. This is a free and confidential process designed to help you and your employer resolve your dispute without the need for a tribunal hearing. ACAS acts as an independent third party, offering to speak with both sides to see if an agreement can be reached.
Starting early conciliation is mandatory in most cases, and you must notify ACAS before you can file your claim. You can begin the process by contacting ACAS directly – official guidance on how this works is available in the ACAS Early Conciliation Guidance.
Trying to settle your dispute through early conciliation can save time, stress, and legal costs. Many claims are resolved at this stage, so it’s worth considering whether an agreement can be reached before proceeding further. If you want more detail on the process, including step-by-step instructions for unfair dismissal claims, see our guide: How to Start ACAS Conciliation for Unfair Dismissal.
If you’d like to explore the broader topic and understand why early conciliation is so important, you can learn more about this topic.
What to Expect at the Employment Tribunal
When your unfair dismissal case reaches an employment tribunal, it’s natural to feel uncertain about what lies ahead. Here’s what you can expect from the process, how to prepare, and the possible outcomes.
The Tribunal Hearing Process
An employment tribunal is an independent legal body that decides disputes between employees and employers. At the hearing, both sides will have the opportunity to present their evidence and explain their case. The panel usually consists of a legally qualified judge and, in some cases, two lay members. The hearing is generally less formal than a court, but you will need to follow certain procedures.
You’ll be asked to give your account of what happened, and your employer will do the same. Witnesses may be called, and both sides can be questioned. The tribunal will consider all the evidence before making a decision.
Preparing for the Hearing
Preparation is key. Make sure you gather all relevant documents, such as your employment contract, correspondence with your employer, and any notes about your dismissal. Organise your evidence clearly and be ready to explain your side of the story. You may also want to prepare a list of questions for any witnesses or your employer.
For practical strategies to strengthen your case, see our guide on How to Win Your Unfair Dismissal Case.
Possible Outcomes
After hearing all the evidence, the tribunal will decide whether your dismissal was unfair under the Employment Rights Act 1996. If the tribunal finds in your favour, it will usually order your employer to pay compensation, and in rare cases, may order reinstatement or re-engagement. If the tribunal rules against you, your claim will be dismissed.
To find out more about what you could receive, see our detailed guide on Compensation for Unfair Dismissal.
Further Support
If you’re unsure whether your situation falls under unfair dismissal, you may want to learn about related laws such as wrongful dismissal, which covers different legal rights.
Understanding the tribunal process and knowing how to prepare can make a real difference to your case. Be thorough, stay organised, and explore all your options before the hearing.
After Your Claim: Next Steps and Support
After your unfair dismissal claim has been decided by an employment tribunal, it’s important to understand your next steps and what support is available.
If your claim is successful, the tribunal may order your employer to reinstate you, re-engage you in a similar role, or pay compensation. The exact outcome depends on your circumstances and the tribunal’s findings under the Employment Rights Act 1996. If your claim is unsuccessful, you may be able to appeal the decision or seek further advice on alternative options.
Losing your job can also affect your finances. You might be eligible for certain benefits to help you while you look for new work. For more information on what support you could receive, see Claiming Benefits After Being Sacked.
Experiencing dismissal and the claims process can be stressful. If you’re struggling with your mental health or need to know your rights at work, visit Mental Health and Work: Your Rights for guidance and support.
If workplace disputes continue, or you face new issues with your employer, it’s important to know what steps to take. Find practical advice on What Action Should You Take in Workplace Disputes?.
Finally, if you believe your dismissal also breached your employment contract, you may wish to learn about related legal topics such as wrongful dismissal claims. This can help you understand all your options and make informed decisions about your next steps.
Additional Resources and Templates
When preparing your unfair dismissal claim, having the right documents and templates can make the process much smoother. Below, you’ll find guidance on where to access useful forms and resources to help you put together a strong case.
Templates and Forms
To start your claim, you’ll need to complete an ET1 claim form, which is the standard form used for employment tribunal claims. This form is available directly from the government’s official website. Make sure to provide accurate and complete information, as errors can delay your case.
Schedule of Loss Template
One crucial document for your claim is the Schedule of Loss. This sets out the financial losses you are claiming as a result of your dismissal, such as lost earnings, benefits, and pension contributions. Preparing a clear and detailed schedule can help the tribunal understand the impact of your dismissal and what compensation you are seeking.
For help creating this document, you can use the Schedule of Loss Template for Unfair Dismissal Claims. This provides a structured format and guidance on what information to include. You may also find the Schedule of Loss Template from Working Families helpful, as it offers practical tips and an example template you can adapt to your situation.
Further Reading and Support
If you are unsure whether your situation qualifies as unfair dismissal, or if you want to explore other types of claims, you can learn about related laws such as wrongful dismissal. These resources can help you understand your rights and the best course of action for your circumstances.
Taking the time to gather the right documents and use available templates will help ensure your claim is as clear and complete as possible. For more detailed guidance, explore our linked resources and templates.
