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Unfair Dismissal — Your Rights and How to Claim

Being dismissed from a job is one of the most stressful things that can happen. But dismissal is only lawful if the employer had a genuine fair reason and followed a proper process. If they didn't, you may have a claim for unfair dismissal — and in some cases, the qualifying period doesn't apply at all.

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The qualifying period

To bring a standard unfair dismissal claim, you generally need 2 years' continuous employment with the same employer.

Under 2 years? You may still have a claim if the dismissal was automatically unfair (see below), or if it involved discrimination under the Equality Act 2010. These protections apply from day one.

Fair reasons for dismissal

Under the Employment Rights Act 1996, there are only five potentially fair reasons for dismissal:

  • ✓Capability or qualifications — you can't do the job or lack required qualifications
  • ✓Conduct — serious misconduct or a pattern of behaviour
  • ✓Redundancy — genuine reduction in need for the role
  • ✓Statutory restriction — you can no longer legally do the job (e.g. lost driving licence for a driving role)
  • ✓Some other substantial reason (SOSR) — a wide catch-all, but must be genuinely substantial

Even if the reason is potentially fair, the employer must also have acted reasonably in deciding to dismiss and followed a fair procedure.

Automatically unfair dismissal — no qualifying period needed

Some reasons for dismissal are automatically unfair regardless of how long you've worked there:

  • ✓Pregnancy or maternity leave
  • ✓Taking parental leave, paternity leave or adoption leave
  • ✓Whistleblowing (making a protected disclosure)
  • ✓Asserting a statutory right (e.g. asking for the National Minimum Wage)
  • ✓Trade union membership or activities
  • ✓Working time — refusing to opt out of the 48-hour week
  • ✓Health and safety — raising safety concerns or refusing dangerous work
  • ✓Part-time or fixed-term status
  • ✓Jury service
If any of these apply, you have protection from day one of employment. The 2-year rule does not apply.

The process — what your employer should have done

Even with a fair reason, dismissal must follow a fair procedure. The ACAS Code of Practice sets the standard a tribunal will measure against:

1
Investigation
The employer should carry out a reasonable investigation before deciding to dismiss. For misconduct, this means gathering evidence and speaking to witnesses.
2
Written notification
You should receive written notice of the allegations and a right to respond before any decision is made.
3
A hearing
You have the right to a disciplinary or capability hearing where you can put your case. You have the right to be accompanied by a colleague or trade union rep.
4
Decision and reasons
Any decision to dismiss should be communicated in writing with reasons.
5
Right of appeal
You must be offered the right to appeal the decision to a more senior manager.

Failure to follow this process doesn't automatically make a dismissal unfair, but a tribunal can increase your compensation by up to 25% for failure to follow the ACAS Code.

Time limits — act quickly

3 months less one day from the effective date of termination. This is strict. Miss it and your claim is almost certainly gone, regardless of how strong it is.
1
Contact ACAS for Early Conciliation
Before you can submit an ET claim, you must notify ACAS and attempt Early Conciliation (EC). This pauses the time limit. Do this as early as possible.
2
Attempt conciliation
ACAS will contact your employer to see if the dispute can be resolved. This process lasts up to 6 weeks. If it fails, you receive an EC certificate.
3
Submit your ET1 claim
Use your EC certificate number to submit your claim online at employment-tribunals.service.gov.uk. The new time limit runs from the end of EC.

Compensation

If you win at tribunal, compensation is made up of two parts:

Basic Award
Calculated like statutory redundancy pay — based on age, length of service, and weekly pay (capped at £643/week). Maximum £19,290.
Compensatory Award
Your actual financial loss — lost earnings, benefits, pension, future loss. Capped at £115,115 or 52 weeks' pay, whichever is lower.

Get advice about your specific situation

Ash is a free UK guidance assistant. Ask about your rights, get step-by-step guidance, and generate a formal letter if you need one.

Talk to Ash — it's free

No sign-up · No account · Works for England, Scotland, Wales & Northern Ireland

Related guides

Employment Tribunal
How the tribunal process works, from EC to hearing.
Redundancy
Distinguishing genuine redundancy from disguised dismissal.
Discrimination at Work
Day-one protections under the Equality Act 2010.