Understand what unfair dismissal means in UK employment law, whether you may qualify to make a claim, and what the process typically involves.
Under the Employment Rights Act 1996, unfair dismissal generally occurs when an employer terminates an employee's contract without a fair reason or without following a fair procedure. Fair reasons for dismissal as set out in the Act generally include capability, conduct, redundancy, statutory illegality, or some other substantial reason. Even if a fair reason exists, the dismissal may still be considered unfair if the employer did not follow a fair process.
To bring an ordinary unfair dismissal claim, you generally need at least two years of continuous service with the same employer. However, there are exceptions where no qualifying period is needed, such as dismissals related to pregnancy, whistleblowing, trade union activities, or asserting a statutory right.
If you believe you have been unfairly dismissed, the first step is usually to contact ACAS for early conciliation, which is generally required before making a tribunal claim. The standard time limit for submitting a claim to the Employment Tribunal is typically three months minus one day from the effective date of termination. The ACAS early conciliation process may extend this deadline in some cases. The Tribunal process may involve a hearing where both sides present their case. Remedies can include reinstatement, re-engagement, or compensation, depending on the circumstances.
I was dismissed without any warning or process
I was made redundant but I think the reason was unfair
My employer didn't follow a proper disciplinary procedure
I was dismissed while on maternity leave
Get a clear, plain English explanation tailored to your specific circumstances.
Free to use. No account required. Not legal advice.