Unfair Dismissal Guide
Unfair dismissal is one of the most common employment tribunal claims in the UK. If your employer terminated your employment without a fair reason or without following a fair procedure, you may be entitled to compensation. This guide explains your rights under the Employment Rights Act 1996, the 2-year service requirement, the five potentially fair reasons for dismissal, and how to bring a successful claim.
Quick Reference
What You Need to Prove
Automatically Unfair Dismissal
If your dismissal is for an automatically unfair reason, you do not need 2 years of continuous service to claim. Automatically unfair reasons include: dismissal for pregnancy, maternity, or family leave; whistleblowing (making a protected disclosure); asserting a statutory right (such as minimum wage, working time, or health and safety protections); trade union membership or activities; jury service; asking for flexible working; and refusing to work on Sundays if you are a shop or betting worker. If your dismissal falls into one of these categories, you can bring a claim from day one of your employment and may be entitled to higher compensation.
How to Make Your Claim
Contact ACAS
Before submitting your ET1 claim form, you must contact ACAS for Early Conciliation. ACAS will attempt to help you and your employer reach a settlement without going to tribunal. You can start Early Conciliation online at the ACAS website or by calling 0300 123 1122. ACAS will send you an Early Conciliation certificate, which you need to submit your claim. Early Conciliation also pauses the 3-month time limit, giving you more time to prepare.
Gather your evidence
Collect all documents that support your claim: your employment contract, any disciplinary or grievance correspondence, emails or messages showing unfair treatment, witness statements from colleagues, and records of your attempts to resolve the issue internally. Also gather evidence of your financial losses, such as payslips, P45, job search records, and any new employment offers. Strong documentary evidence is critical to proving your employer did not follow a fair procedure.
Generate your Particulars of Claim
Your Particulars of Claim is a detailed written statement setting out the facts of your dismissal, the legal basis for your claim (sections 94-98 of the Employment Rights Act 1996), and the remedy you seek (reinstatement, re-engagement, or compensation). Use our tool to generate professional Particulars that cite relevant case law (such as British Home Stores v Burchell for dismissals for conduct), reference the ACAS Code, and calculate your losses. This document will be attached to your ET1 form and sent to the tribunal and your employer.
Submit your ET1 form
Complete and submit your ET1 claim form online via the gov.uk employment tribunal portal. You will need your ACAS Early Conciliation certificate number. Attach your Particulars of Claim and any key supporting documents. Ensure you submit within 3 months less 1 day of your dismissal, or within the extended deadline if you have been through Early Conciliation. The tribunal will send a copy of your claim to your employer, who has 28 days to respond with an ET3 form.
Prepare for the hearing
Once your employer responds, the tribunal will issue case management orders and set a hearing date. Prepare by organising your evidence into a bundle, preparing witness statements, and rehearsing your testimony. You may attend a preliminary hearing to resolve procedural issues. At the final hearing, you will present your case, cross-examine your employer's witnesses, and respond to their evidence. The tribunal will then decide whether your dismissal was unfair and, if so, award compensation or order reinstatement.
Tips for a Stronger Claim
- Act quickly: The 3-month time limit is strict. Contact ACAS as soon as possible after your dismissal to preserve your right to claim.
- Follow the grievance procedure: Always raise a formal grievance with your employer before resigning or claiming. Failure to do so can reduce your compensation by up to 25% under the ACAS Code.
- Document everything: Keep copies of all emails, letters, and messages. Take contemporaneous notes of meetings and phone calls. Evidence is key to proving an unfair procedure.
- Cite the ACAS Code: If your employer failed to follow the ACAS Code of Practice (e.g., no investigation, no right to be accompanied, no appeal), the tribunal can increase your compensation by up to 25%.
- Calculate your losses carefully: The compensatory award covers lost wages, loss of statutory rights, pension contributions, and expenses incurred looking for work. Keep evidence of job applications and any offers you received at lower pay.
- Consider mitigation: You have a duty to mitigate your losses by looking for alternative work. The tribunal will reduce your award if you have not made reasonable efforts to find a new job.
Related Guides
Wrongful Dismissal Guide
Learn about wrongful dismissal claims for breach of contract, including notice pay and contractual entitlements.
Constructive Dismissal Guide
Understand when you can resign and claim constructive dismissal due to your employer's fundamental breach of contract.
Redundancy Claims Guide
Explore your rights to redundancy pay, consultation, and protection from unfair selection for redundancy.
Discrimination Claims Guide
Comprehensive guide to bringing discrimination claims under the Equality Act 2010 for protected characteristics.
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