What Is Unfair Dismissal?
Under the Employment Rights Act 1996 (ERA 1996), an employer must have a fair reason to dismiss an employee and must follow a fair procedure. A dismissal is unfair if:
- There was no qualifying reason (capability, conduct, redundancy, statutory restriction, or SOSR)
- The reason was a qualifying one but the procedure was not followed — no investigation, no right to appeal
- The reason was automatically unfair (whistleblowing, maternity, union membership, asserting a statutory right)
You generally need 2 years' continuous employment to claim unfair dismissal — though automatically unfair dismissals carry no qualifying period.
The Five Potentially Fair Reasons for Dismissal
Automatically Unfair Dismissals — No 2-Year Rule
Some dismissals are automatically unfair regardless of length of service. If you were dismissed for any of the following, you can claim from day one:
- 🤱 Pregnancy, maternity, paternity, adoption, or parental leave
- 📢 Making a protected disclosure (whistleblowing) under ERA 1996 Part IVA
- 🏥 Health and safety activities — e.g. refusing to work in dangerous conditions
- 🗳️ Trade union membership or activities
- 📋 Asserting a statutory right (requesting a payslip, taking rest breaks)
- 🧑⚖️ Jury service
- 🚨 Acting as an employee representative in a TUPE or redundancy consultation
Common Situations We Help With
What Can You Recover?
An employment tribunal can award:
The Unfair Dismissal Claims Process
-
1
Within 3 months — ACAS Early Conciliation
You must notify ACAS before lodging a tribunal claim. The EC period (up to 6 weeks) pauses the time limit. A conciliated settlement (COT3) is legally binding — your solicitor should review any offer before you accept.
-
2
ET1 Claim Form
If conciliation fails, your solicitor files the ET1 within the time limit. The employer has 28 days to respond with an ET3. Both forms are crucial — errors at this stage are hard to correct.
-
3
Disclosure & Preliminary Hearing
Both sides exchange documents. A preliminary hearing may address jurisdictional issues (such as whether you have 2 years' service). Your solicitor manages the disclosure process and prepares your witness statement.
-
4
Final Hearing — typically 6–18 months after claim
The tribunal hears oral evidence. A panel of 3 (judge + 2 lay members) decides liability and remedy. Most cases resolve by settlement before this stage; your solicitor negotiates throughout.
Frequently Asked Questions
Do I need 2 years' service to claim unfair dismissal?
Generally yes — you need 2 years' continuous employment. However, automatically unfair dismissals carry no qualifying period. These include dismissal for whistleblowing, pregnancy, trade union membership, asserting a statutory right, and several other protected grounds. A solicitor can advise whether your situation qualifies.
My employer says I was dismissed for gross misconduct. Can I still claim?
Yes. Even for gross misconduct, the employer must carry out a proper investigation, hold a disciplinary hearing, give you the right to be accompanied, and offer a right of appeal. A dismissal that skips any of these steps may still be unfair, even if the underlying misconduct was genuine.
What is the ACAS uplift and how does it work?
If your employer unreasonably failed to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures, a tribunal can uplift your compensatory award by up to 25%. This applies if, for example, no proper investigation was conducted, you were not given written notice of the allegations, or no right of appeal was offered.
Can I claim unfair dismissal if I resigned?
Yes — this is called constructive dismissal. If your employer breached a fundamental term of your contract (e.g. cutting pay, bullying, removing responsibilities, ignoring a grievance), and you resigned as a direct result, you may have a constructive unfair dismissal claim. You must act quickly after resigning.
How much does it cost to bring an unfair dismissal claim?
Employment tribunal fees were abolished in 2017. Claimants pay no court fee to bring a claim. Solicitor costs vary — many offer a free initial consultation, and conditional fee agreements (no win no fee) are available for strong claims. Legal expenses insurance (often included in home insurance) can also cover costs.