🇬🇧 UK · Situation guide · Updated 2026-06-27
Unfairly dismissed? Here's what to do
If you've been dismissed and believe the reason was unfair or the process was wrong, you may have an Employment Tribunal claim. This guide walks through every step — from checking whether you qualify, to ACAS early conciliation, to submitting your claim and understanding what you could receive.
Check whether you qualify to bring a claim
Most unfair dismissal claims require 2 years of continuous employment with the same employer. Your qualifying period ends on your 'effective date of termination' (EDT) — typically the last day you are employed. If you were given notice, the EDT is the last day of the notice period, not the day notice was given.
- 2 years' continuous service required for standard unfair dismissal
- No qualifying period for automatically unfair dismissal (pregnancy, whistleblowing, trade union activity, asserting a statutory right, TUPE)
- No qualifying period for discrimination claims (separate route under the Equality Act 2010)
- Check your start date carefully — payslips, P60s, and your contract are all evidence of service
Write down everything — before you forget
Before doing anything else, document what happened. Employment tribunals are fact-intensive — the more detail you have, the stronger your position. Write a chronological account while events are fresh, and gather all relevant documents.
- Write a timeline: dates, conversations, witnesses, documents you were shown
- Preserve all emails, letters, text messages, and meeting notes
- Screenshot any messages on work devices — you may lose access quickly
- Note who was present at every meeting and what was said
- Request copies of your personnel file (you have a right to this under UK GDPR)
Raise a grievance (if the process is still live)
If you are still employed or your appeal is pending, raising a formal grievance creates a paper trail and may resolve the situation internally. At tribunal, failure to raise a grievance — or failure by your employer to follow the ACAS Code — can affect the outcome and any compensation awarded.
- Submit a written grievance to HR or your line manager's manager
- Your employer must acknowledge it and arrange a formal meeting
- You have the right to be accompanied by a colleague or trade union rep
- You must be given a written outcome and the right to appeal
- Employer's failure to follow the ACAS Code of Practice can increase your award by up to 25%
Contact ACAS for early conciliation
Before starting an Employment Tribunal claim, you must notify ACAS and go through early conciliation. This is a legal prerequisite — the Tribunal will reject your claim without an ACAS certificate. Contacting ACAS pauses the 3-month time limit while conciliation is ongoing.
- Contact ACAS at acas.org.uk or on 0300 123 1100
- ACAS will contact your employer and try to facilitate a settlement
- You cannot be forced to settle — you can request a certificate at any time
- The process can take up to 6 weeks
- Once the certificate is issued, you have at least 1 month to submit your ET1 claim form
Submit your ET1 claim form
If ACAS conciliation does not resolve the dispute, submit your ET1 claim form online at employment-tribunal-forms.service.gov.uk. The form must be submitted within the time limits. Your claim will be case-managed and a hearing date set — typically 6–18 months after submission.
- Standard time limit: 3 months less one day from the effective date of termination
- The ACAS early conciliation period extends the deadline (time does not run during conciliation)
- You will need your ACAS early conciliation certificate number
- Basic award (2026/27): up to £22,530 based on age and service
- Compensatory award: up to £115,115 or 52 weeks' pay (whichever is lower)
Your unfair dismissal checklist
- Date of dismissal and effective date of termination noted
- Check continuous service: 2+ years for standard claim, day one for automatic unfair grounds
- Timeline of events written down while fresh
- All documents, emails, and messages preserved
- Personnel file requested under UK GDPR
- Grievance raised if internal process still available
- ACAS contacted before 3-month deadline expires
- ACAS early conciliation certificate received
- ET1 form submitted with certificate reference
- Legal advice taken if claim value exceeds £5,000
Frequently asked questions
How much compensation can I get for unfair dismissal?
Unfair dismissal compensation has two parts. The basic award is calculated in the same way as statutory redundancy pay: up to £22,530 based on age, years of service, and weekly pay (capped at £751/week for 2026/27). The compensatory award reflects your actual financial loss — lost earnings, pension, and benefits — up to a cap of £115,115 or 52 weeks' actual pay, whichever is lower. Tribunals can reduce both awards if you contributed to your dismissal or failed to mitigate your losses.
What is the 3-month time limit and can it be extended?
You must start the ACAS early conciliation process within 3 months less one day of your effective date of termination. The clock pauses while early conciliation is ongoing. Extensions beyond this are very rare — tribunals grant them only where it was not 'reasonably practicable' for the claimant to bring the claim in time. Ignorance of the time limit is not usually accepted as a reason for an extension. Contact ACAS as early as possible.
Do I need a lawyer to bring an unfair dismissal claim?
No — you can represent yourself (as a 'litigant in person') at an Employment Tribunal. Tribunals are designed to be accessible without legal representation, and many claimants succeed without a lawyer. However, for complex cases, cases involving high-value claims, or where the employer has legal representation, professional advice significantly improves outcomes. Trade union members should contact their union first — representation is often included. Free advice is also available from ACAS, Citizen's Advice, and law centre clinics.
Can I get my job back through an unfair dismissal claim?
Yes — the tribunal can order reinstatement (return to the same job as if you had never been dismissed) or re-engagement (return to a comparable role). In practice, fewer than 1% of successful claimants are reinstated, because tribunals cannot force employers to comply and the working relationship has usually broken down irreparably. If ordered reinstatement is refused, the employer faces an additional 'additional award' of 26–52 weeks' pay on top of the standard compensation.
What if I was dismissed during my probation period?
Standard unfair dismissal protection requires 2 years' continuous employment, so a dismissal during a typical probation period (3–6 months) usually carries no unfair dismissal right. However, dismissal during probation can still be challenged if the reason was automatically unfair (pregnancy, whistleblowing, trade union activity, asserting a statutory right) — all of which apply from day one. A discrimination claim under the Equality Act 2010 is also available from day one.