Unfair Dismissal Claim - How to Claim at Employment Tribunal

Full guide: Complete InsuranceFight Guide

Complete guide to unfair dismissal claims. ERA 1996 s.94 protection, 2-year qualifying service, 3-month time limit, ACAS early conciliation, compensation calculation (basic plus compensatory awards up to £93,000).

Quick Answer

If you were dismissed unfairly, you can claim at an Employment Tribunal (free filing). You need 2 years' continuous service. You have 3 months from dismissal date to file. ACAS early conciliation is mandatory first (free mediation). Compensation includes basic award (2 weeks' pay per year service, capped at £643/week, max £16,000) plus compensatory award (up to £93,000 for financial loss, distress, and future loss of earnings). Most claims succeed; tribunals side with employees who had no fair dismissal process.

How to Claim Unfair Dismissal

1

Check Your Eligibility

Verify you have 2+ years' continuous service from start to dismissal date. Calculate from hire date to end date. Part-time, temporary, zero-hour contracts count if continuous. Self-employed workers generally cannot claim. If unsure, contact ACAS for free advice (0300 123 1100).

2

Notify ACAS for Early Conciliation (Mandatory)

Before filing at tribunal, notify ACAS (acas.org.uk or phone 0300 123 1100). They'll contact your employer to attempt settlement. This is free and mandatory - you cannot file at tribunal without an ACAS notification number. ACAS has up to 30 days (can extend to 60) to mediate.

3

Gather Evidence and File ET1

Collect: employment contract, offer letter, payslips, emails, performance reviews, disciplinary records, dismissal letter, proof you followed the employer's appeal process. File an ET1 claim form at the Employment Tribunal (et3online.civilservice.gov.uk or by post). Include your dismissal date and ACAS number.

4

Attend Tribunal Hearing

The employer responds with an ET3 form explaining why they dismissed you. Tribunal schedules a hearing (typically 3-6 months later). You present evidence, witnesses if possible, and explain why dismissal was unfair. Tribunal decides fairness based on procedure, substance, and whether dismissal was reasonable response.

What the Law Says

Employment Rights Act 1996, s.94 - Right Not to Be Unfairly Dismissed
Employees with 2+ years' continuous service have the right not to be unfairly dismissed. Dismissal is unfair if: (1) no fair procedure was followed, (2) the reason for dismissal is unfair (not redundancy, gross misconduct, capability, conduct, etc.), or (3) the dismissal was not a reasonable response to the circumstances.
Employment Rights Act 1996, s.111-126 - Compensation Awards
Basic award: 2 weeks' pay per year of service (capped at £643/week, max £16,000). Compensatory award: for financial loss, lost earnings, benefits, pension, and non-financial loss (distress, loss of reputation). Cap is £93,000 (as of April 2024) but no statutory upper limit in practice if exceptional circumstances.
Acas Code of Practice 1 - Disciplinary and Grievance Procedures
Employers must follow a fair process: (1) inform employee of alleged misconduct, (2) allow employee to respond at a meeting, (3) allow right of appeal. Failure to follow this code is grounds for unfair dismissal (and can increase compensation by up to 25%).
Employment Tribunals Act 1996 - ACAS Early Conciliation
Mandatory first step. ACAS notifies employer and attempts settlement within 30 days. If unsuccessful, ACAS issues a certificate. Claims filed at tribunal without ACAS notification are rejected.

Common Unfair Dismissal Scenarios

Dismissed With No Warning or Hearing

You were told to leave without any prior disciplinary process, hearing, or opportunity to respond. This is automatic unfair dismissal. Even gross misconduct requires a hearing first. Claim unfair dismissal for procedural breach.

Dismissed for Attending Medical Appointments

You were dismissed for sickness absence or taking time for medical appointments. This is automatically unfair unless you've taken excessive unplanned time. Employers must follow capability procedures for sickness. Claim unfair dismissal and disability discrimination if applicable.

Dismissed for Whistleblowing

You reported safety breaches, financial misconduct, or illegal activity, then were dismissed. This is "automatically unfair" - you're protected under whistleblowing law (Public Interest Disclosure Act). No 2-year service requirement. Claim automatic unfair dismissal.

Dismissed During Probation With No Fair Process

You're still technically in probation but worked continuously. After 2 years, even probationers have unfair dismissal protection. If dismissed without fair process despite 2+ years, it's unfair. Probation period doesn't exempt employers from fair procedures.

Dismissed for Performance With No Support or Training

You were underperforming in capability but given no formal support, training, or timescale to improve. Dismissed without a capability hearing or appeal. This is unfair - employers must give reasonable opportunity to improve before dismissing for capability.

Redundancy But Not Selected Fairly

Selected for redundancy unfairly (no consultation, no fair selection criteria, cheaper replacement hired). Redundancy is fair reason but must be handled fairly. Claim unfair dismissal for flawed redundancy process.

Frequently Asked Questions

Do I need to work for 2 years exactly, or 2 years from hire date? +
From the hire date. You need 2 years' continuous service from first day to dismissal date. If you were hired on 1 January 2021 and dismissed on 31 December 2022, you have exactly 2 years and can claim. If dismissed on 30 December 2022, you're 1 day short and cannot claim (unless you're claiming a different right, like discrimination).
What counts as a fair reason for dismissal? +
Fair reasons: gross misconduct, poor conduct, capability (performance/illness), redundancy, breach of statutory duty (e.g., driving ban for HGV driver), and "some other substantial reason". Even fair reasons must be handled fairly (proper procedure, hearing, appeal). Unfair reasons: whistleblowing, trade union activity, pregnancy, discrimination, refusing illegal activity.
Can I claim if I was on a fixed-term contract? +
Yes, if you had 2+ years' continuous employment (fixed-term or otherwise). If the contract expired and wasn't renewed, that's not dismissal - it's the contract ending. But if the fixed-term contract was not renewed when there was an expectation of renewal, or you were dismissed during the term, you may claim unfair dismissal if you have 2+ years.
How is compensation calculated? +
Basic award = (weekly pay × number of complete years of service × 2) capped at £643/week, max £16,000. Example: 5 years, £400/week = (£400 × 5 × 2) = £4,000. Compensatory award = losses from unfair dismissal (lost wages from dismissal to tribunal, future loss of earnings, benefits, distress), typically £5,000-£20,000, up to £93,000 statutory cap.
What if I was dismissed but don't have written evidence? +
You can still claim based on witness testimony (colleagues), emails, text messages, or your own credible account. Tribunals hear evidence and assess credibility. Written evidence strengthens your case but isn't required. If the employer has no evidence of a fair process, tribunal may believe you even without documents.
Can an employer force me to sign a settlement agreement to drop the claim? +
Employers often offer settlement agreements (compromise agreements) to avoid tribunal. You must receive independent legal advice before signing. Settlement agreements can include a non-disclosure clause (gagging clause) but you cannot be forced to sign. If you don't want to settle, proceed with your tribunal claim.

Start Your Unfair Dismissal Claim Now

Use FightingBack's WorkRights tool to assess your claim, calculate compensation, and file with ACAS.

Start Your Tribunal Claim