If you believe you have been unfairly dismissed from yourjob, it can feel overwhelming to know where to start. However, understandinghow to claim for unfair dismissal in the UK can help you take control of thesituation and protect your rights.

In this article, we explain the key steps you need to followto bring an unfair dismissal claim, the deadlines you must meet, and what youcan expect throughout the process.

Who Can Claim for Unfair Dismissal?‍

In most cases, you need to have worked for your employer forat least two years continuously to qualify for unfair dismissal rights.However, there are important exceptions. If you were dismissed for anautomatically unfair reason, such as pregnancy, whistleblowing, or assertingcertain statutory rights, you can claim even without two years of service.

It is also important to note that only employees (notself-employed contractors or most agency workers) can claim unfair dismissal,although some agency workers may establish employee status depending on thereality of their working arrangements.‍

Step 1: Understand Why You Were Dismissed

The first step is to determine the reason your employer gavefor your dismissal. Employers must have a fair reason and follow a fairprocedure. Fair reasons can include:

  • Misconduct
  • Capability or qualifications
  • Redundancy
  • A statutory restriction (e.g., you cannot legally do the job)
  • Some other substantial reason (e.g., business reorganisation

If the stated reason does not appear genuine, or if theprocess was flawed or unreasonable, you may have grounds for an unfairdismissal claim.

Step 2: Check Your Deadlines‍

Time limits for unfair dismissal claims are strict. You muststart the process within three months less one day from the date youremployment ended (known as the effective date of termination). Missing thisdeadline usually means you lose your right to claim, unless the tribunal findsit was not reasonably practicable for you to bring your claim in time.

For example, if your last working day was 30 June, you mustbegin your claim by 29 September.‍

Step 3: Contact ACAS for Early Conciliation

Before you can make a claim to an employment tribunal, youmust contact ACAS (the Advisory, Conciliation and Arbitration Service) andstart Early Conciliation. This is a free, confidential process where an ACASconciliator tries to help you and your employer resolve the dispute withoutgoing to a tribunal.

To start, complete the Early Conciliation notification formon the ACAS website. ACAS will contact you within a few days. EarlyConciliation usually lasts up to six weeks. If no settlement is reached, ACASwill issue an Early Conciliation certificate, which you will need whensubmitting your tribunal claim. Early Conciliation pauses the time limit foryour claim, but you must start it before the original deadline expires.

Step 4: Prepare Your Evidence‍

Strong evidence is key to a successful claim. Collect andorganise documents such as:

  • Your employment contract and any written terms
  • The staff handbook or disciplinary procedures
  • Emails, letters, or messages relevant to your dismissal
  • Notes from disciplinary or grievance meetings
  • Payslips, redundancy letters, or dismissal letters
  • Statements from colleagues who witnessed relevant events

Having clear and organised evidence helps you negotiateeffectively or present a strong case at tribunal.

Step 5: Submit Your Tribunal Claim‍

If Early Conciliation does not result in a settlement, youcan submit a claim to an employment tribunal. Complete the ET1 claim form,which is available online through the government website. In your ET1, you mustinclude

  • Details of your employment and dismissal
  • Why you believe the dismissal was unfair
  • What remedy you are seeking (reinstatement, re-engagement, compensation)
  • Your ACAS Early Conciliation certificate number

After submission, the tribunal will send your claim to youremployer (the respondent), who must respond within 28 days using the ET3response form.

What to Expect After Making a Claim

Once your employer responds, the tribunal may arrange apreliminary hearing to clarify legal issues, confirm the claims being made, orset a timetable for the case. Both sides will exchange relevant documents andprepare witness statements. Most claims settle through negotiation beforereaching a final hearing, but if your case goes to tribunal, you and youremployer will present your evidence and may be questioned by the judge.

The tribunal will usually give its decision at the end ofthe hearing or send it in writing a few weeks later.

Possible Outcomes of an Unfair Dismissal Claim

If you win your claim, the tribunal can order your employerto:

  • Reinstate you in your old job (this is rare in practice)
  • Re-engage you in a comparable role
  • Pay you compensation, which usually includes:

       - A basic award, calculated similarly tostatutory redundancy pay (based on age, length of service, and weekly pay,subject to a statutory cap)

       - A compensatory award for financial loss,which may include lost wages, lost benefits, and other costs directly caused bythe dismissal

Compensation for unfair dismissal is subject to a statutorymaximum, which is updated annually by the government.

Contact Pre-Law today to book your free initialconsultation.
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Email: info@pre-law.co.uk
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