What Is Unfair Dismissal?
Unfair dismissal occurs when an employer terminates an employee's contract without a fair reason or without following a fair process. Under the Employment Rights Act 1996, most employees in the UK are protected from unfair dismissal after two years of continuous employment.
You must notify ACAS within 3 months less one day of your dismissal date. Missing this deadline means you lose your right to claim.
Qualifying for an Unfair Dismissal Claim
To bring a successful unfair dismissal claim, you generally need: at least 2 years of continuous employment with the same employer; to have been dismissed (redundancy counts); and for the dismissal to have been unfair — either the reason was not a fair one, or the employer failed to follow a fair procedure.
Automatically Unfair Dismissal
Some dismissals are automatically unfair regardless of your length of service. These include dismissal for: pregnancy or maternity leave; whistleblowing (protected disclosures); asserting a statutory right; trade union membership; taking part in jury service; or requesting flexible working.
Time Limits — Do Not Miss the Deadline
You have 3 months less one day from the date of dismissal to begin ACAS early conciliation, which is a mandatory step before lodging an employment tribunal claim. Early conciliation can extend this deadline. Once conciliation is concluded (or the certificate issued), you then have further time to lodge the tribunal claim itself.
The maximum compensatory award for unfair dismissal is £115,115 (2024–25) or 52 weeks' gross pay — whichever is lower. There is no cap for discrimination-related dismissals.
The Fair Reasons for Dismissal
An employer can fairly dismiss you for one of five reasons: conduct; capability or qualifications; redundancy; illegality (where continued employment would break the law); or some other substantial reason. Even where a fair reason exists, the employer must follow a fair procedure — typically following their disciplinary policy and the ACAS Code of Practice.
What to Do If You Have Been Unfairly Dismissed
First, keep all documents — your dismissal letter, any disciplinary correspondence, payslips, and emails. Note the exact date of dismissal. Contact ACAS within 3 months less one day. Then speak to a specialist employment solicitor who can assess your claim at a free initial consultation.
Finding an Unfair Dismissal Solicitor
Look for solicitors who specialise in employment law (not general practice firms), check their SRA registration at sra.org.uk, and read Google reviews from former clients. Many offer no-win no-fee arrangements for tribunal claims, meaning you pay nothing unless you win.