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, and if they didn't, you may have a claim.
- ✓Standard claims need 2 years' continuous employment (confirmed to drop to 6 months from 1 January 2027)
- ✓Only five potentially fair reasons exist under the Employment Rights Act 1996
- ✓Automatically unfair dismissals have no qualifying period, protection from day one
- ✓Time limit: 3 months less one day from the termination date
- ✓Compensatory award capped at £123,543 or 52 weeks' pay (2026/27), the cap is confirmed to be removed from 1 January 2027
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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. The Employment Rights Act 2025 is expected to reduce this to 6 months, a change the government has indicated will take effect from 1 January 2027 (the date is still to be confirmed). It would be one of the most significant changes to employment law in a generation.
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
- ✓Fire and rehire, dismissal for refusing to agree to changed terms: becomes automatically unfair in most cases from 1 January 2027 under the Employment Rights Act 2025 (not yet in force; until then a statutory Code of Practice applies with up to a 25% compensation uplift)
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:
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
Compensation
If you win at tribunal, compensation is made up of two parts:
Get instant help right now
A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.
Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.
Frequently asked questions
How do I make an unfair dismissal claim?
First, notify Acas and go through Early Conciliation (free) before you can issue a tribunal claim, this pauses the time limit. If conciliation does not resolve it, Acas issues a certificate and you submit an ET1 claim online at employment-tribunals.service.gov.uk. The deadline is strict: 3 months less one day from the effective date of termination. Get advice from Acas (0300 123 1100) or a solicitor as early as you can.
How long do I need to have worked to claim unfair dismissal?
For an 'ordinary' unfair dismissal claim you currently need 2 years' continuous service with the same employer. Under the Employment Rights Act 2025 this qualifying period drops to 6 months from 1 January 2027, a date now fixed in law. Separately, 'automatically unfair' dismissals (such as for pregnancy, whistleblowing, asserting a statutory right, or trade union activity) and dismissals involving discrimination under the Equality Act 2010 have no qualifying period at all, you are protected from day one.
How much compensation can I get for unfair dismissal?
Compensation has two parts. The basic award is calculated like statutory redundancy pay (based on age, length of service and weekly pay, capped at £751 a week, maximum £22,530 in 2026/27). The compensatory award covers your actual financial loss, lost earnings, benefits and pension, and is currently capped at £123,543 or 52 weeks' pay, whichever is lower (2026/27). That cap is removed from 1 January 2027 under the Employment Rights Act 2025, a date now fixed in law. A tribunal can also increase your award by up to 25% if the employer ignored the Acas Code of Practice.
What is the difference between unfair and wrongful dismissal?
Unfair dismissal is a statutory claim: it asks whether the employer had a fair reason and followed a fair process, and is brought at an employment tribunal (usually needing the qualifying period). Wrongful dismissal is a breach of contract claim, most often where the employer did not give you the correct notice (or pay in lieu). Wrongful dismissal has no qualifying period and can be brought at a tribunal or in the civil courts. It is possible to bring both at once.
Can I claim unfair dismissal during my probation period?
Usually not for ordinary unfair dismissal, because you currently need 2 years' service (dropping to 6 months from 1 January 2027), and most probation periods are shorter. However, if the real reason for dismissal was automatically unfair (for example pregnancy, whistleblowing, or asserting a statutory right) or discriminatory, you are protected from day one regardless of probation, and you can still claim.
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