Short answer
If you have been employed for two years or more and your employer dismissed you without a fair reason or a fair procedure, you may have a claim for unfair dismissal at the Employment Tribunal. Most claims must be started within three months of the dismissal date.
The two-year qualifying period does not apply if the dismissal was for an automatically unfair reason, such as whistleblowing, pregnancy, or trade union activity.
1 The rule
The right not to be unfairly dismissed is set out in the Employment Rights Act 1996. An employer must have a potentially fair reason and must follow a fair procedure. Failure on either ground makes the dismissal unfair.
"An employee has the right not to be unfairly dismissed by his employer."Read the official text
The five potentially fair reasons for dismissal are capability, conduct, redundancy, statutory restriction, and some other substantial reason. If your employer cannot show one of these, the dismissal is unfair.
2 What you can do now
- Note your effective date of termination
This is the date your employment ended — the last day you worked, or the last day of your notice period if notice was paid in lieu. The three-month tribunal clock runs from this date.
- Notify ACAS for Early Conciliation
Before you can submit a tribunal claim you must first notify ACAS. This pauses the three-month clock for up to six weeks while a conciliation officer tries to help resolve the dispute. You can notify online at acas.org.uk.
- Gather your evidence
Collect your employment contract, payslips, any disciplinary letters, the dismissal letter, and records of any appeal outcome. Note dates of any conversations about performance or conduct.
- Submit your ET1 claim form
If Early Conciliation does not resolve the dispute, submit the ET1 claim form on the Employment Tribunals Service portal. The filing fee was abolished in 2017 — there is currently no fee to submit.
3 When this does not apply
- You have been employed for less than two years (unless the dismissal was for an automatically unfair reason).
- You are self-employed, a contractor, or otherwise not an "employee" as defined by the Act.
- You are a Crown servant in a category specifically excluded from the Act.
- You accepted a settlement agreement (formerly a compromise agreement) waiving your right to claim.
4 Common questions
What is the difference between unfair dismissal and wrongful dismissal?
Wrongful dismissal is a breach of the employment contract — usually failing to give the contractual notice period. It is a common law claim you can bring in either the Employment Tribunal or the civil courts. Unfair dismissal is a statutory right under the Employment Rights Act 1996 and can only be heard by an Employment Tribunal. You can have both claims at the same time.
Can I be dismissed for something that happened outside work?
Yes, in some circumstances. If the conduct outside work brings the employer's reputation into serious disrepute, or makes it impossible for the employment relationship to continue, it can be a fair reason. However, the employer must still follow a fair procedure. Minor issues outside work are unlikely to amount to a fair reason.
Does it matter that I did not appeal the dismissal?
Failing to use your employer's appeal procedure is not fatal to a claim, but a tribunal may reduce any compensation by up to 25% if it considers your failure to appeal was unreasonable. Always exercise your right of appeal even if you intend to bring a tribunal claim.
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