Unfair Dismissal: How to Make a Claim in the UK

Know your rights and successfully claim compensation for wrongful termination

Quick Answer

You can claim unfair dismissal if you've worked for 2+ years and were dismissed without a fair reason or proper procedure. File an ET1 form at an employment tribunal within 3 months of dismissal. Compensation typically ranges from £500–£30,000+, depending on your age, salary, and the employer's breach.

What Counts as Unfair Dismissal?

Unfair dismissal occurs when an employer terminates your contract without a fair reason (capability, conduct, redundancy, or legal grounds) or without following a fair process (warnings, hearing, appeal). Even if the reason is fair, if the employer didn't follow proper procedure, the dismissal is unfair.

Key requirement: You must have been employed for at least 2 continuous years (1 year if you work in a small business under 20 employees in some cases). Probationary periods do count toward the 2 years.

How to File a Claim

Step 1: Gather evidence. Collect emails, meeting notes, your employment contract, any disciplinary letters, the dismissal letter, and proof of length of service (payslips, contracts). Document the exact date you were dismissed.

Step 2: File the ET1 form within 3 months. Download the ET1 (claim form) from the Employment Tribunals Service website. Complete it fully: your details, employer details, dates of employment, reason for dismissal, and the compensation you're claiming. Submit online, by post, or by email to your local tribunal.

Step 3: Serve the employer. The tribunal will send a copy to your employer. They have 28 days to respond with an ET3 form (defence). Review their response carefully and identify any inaccuracies.

Step 4: Attend the hearing. The tribunal will schedule a hearing (unless it can be decided on papers). Present your case, call witnesses if needed, and challenge the employer's evidence. Tribunals are less formal than courts; you can represent yourself or hire a solicitor.

What the Law Says
Employment Rights Act 1996, Sections 94–134
Core unfair dismissal rights. Section 94 grants the right not to be unfairly dismissed. Sections 98–104 define fair reasons (capability, conduct, redundancy, statutory restriction, substantial reason).
Employment Tribunals Act 1996
Establishes the jurisdiction and procedures of employment tribunals. Sets the 3-month deadline for filing claims and defines tribunal powers to award compensation and reinstatement.
ACAS Code of Practice on Disciplinary and Grievance Procedures
Although not law, breach of this code can make dismissal unfair. It requires investigation, a hearing with the right to be accompanied, and an appeal process before termination.
I've only worked 18 months. Can I claim unfair dismissal? +

Generally, no. The 2-year threshold applies. However, some dismissals (on grounds of discrimination, pregnancy, whistleblowing, or union membership) can be challenged with less service. Check if your case falls into a protected category.

What if I was dismissed during probation? +

Probation time counts toward the 2-year threshold. However, the employer has wider grounds to dismiss during probation (capability, fit) as long as they follow fair procedure. If they didn't warn you or give you a chance to improve, you may have a claim.

Can I claim both unfair dismissal and wrongful dismissal? +

Yes. Unfair dismissal is heard at tribunal and compensates lost earnings and injury to feelings. Wrongful dismissal (breach of contract) is heard at court or tribunal and can be claimed for non-payment. You can claim both, but compensation is not doubled.

How much compensation can I get? +

Compensation includes: basic award (like redundancy pay, up to ~£15,000), and compensatory award (lost wages, benefits, job-hunting, up to ~£105,000). Tribunal will reduce compensation if you contributed to your dismissal or failed to mitigate loss.

Do I need a lawyer for the tribunal? +

No, you can represent yourself. However, a solicitor or employment law specialist strengthens your case, especially if the employer has lawyers. Many offer free initial consultations or work on no-win, no-fee terms.

Check Your Employment Rights