General information only — not legal advice. Every situation is different; a solicitor can advise on yours.
Losing your job is bad enough. Losing it in a way that doesn’t feel fair is worse — and for many people, it is. Unfair dismissal is one of the most common employment claims in England and Wales, and if you act quickly, you may be entitled to compensation.
This guide explains who can claim, what makes a dismissal unfair, the critical time limit, and what to do right now.
Do you qualify to make a claim?
To claim unfair dismissal, you generally need two years of continuous employment with the same employer. This is the main qualifying hurdle, and most people who don’t meet it cannot make a standard unfair dismissal claim.
However, some dismissals are automatically unfair from day one — no qualifying period required. These include being dismissed because of:
- Pregnancy or maternity leave
- Whistleblowing (reporting wrongdoing at work)
- Trade union membership or activity
- Asserting a statutory right (such as asking for rest breaks or the National Minimum Wage)
- Jury service
If your dismissal falls into one of these categories, the two-year rule doesn’t apply.
What makes a dismissal unfair?
Your employer has to have a fair reason for dismissing you. The law recognises five potentially fair reasons:
- Capability: you weren’t able to do the job
- Conduct: your behaviour was unacceptable
- Redundancy: your role was genuinely no longer needed
- Statutory illegality: continuing to employ you would break the law
- Some other substantial reason: a catch-all category that covers situations like the breakdown of a working relationship
Even if your employer had one of these reasons, the dismissal can still be unfair if they didn’t follow a fair process. In practice this usually means not following their own disciplinary procedure, failing to give you the chance to respond to allegations, or not carrying out a proper investigation.
A dismissal is also unfair if the penalty doesn’t match the offence — for example, being dismissed for a first minor mistake when a written warning would have been appropriate.
The time limit — this matters more than anything
You have three months minus one day from your last day of employment to start a claim at an Employment Tribunal. This is a hard deadline and courts almost never extend it.
There is also a mandatory first step: before you can apply to a Tribunal, you must notify ACAS and go through Early Conciliation. ACAS will try to help you and your employer reach a settlement without going to Tribunal. This process typically takes up to six weeks, and the time you spend in Early Conciliation is added to your deadline — so starting quickly gives you more room.
To notify ACAS, go to acas.org.uk. It’s free and it must happen before anything else.
How much compensation could you receive?
If your claim succeeds, compensation is made up of two parts:
Basic award — calculated using a formula based on your age, length of service and weekly pay (capped at the statutory maximum, which is updated annually by the government).
Compensatory award — intended to reflect your actual financial loss: lost wages, lost benefits, and future losses if you haven’t found new work. This is capped at the lower of one year’s gross pay or the statutory maximum, which is also updated annually.
In some cases — particularly where the dismissal involved discrimination — there is no cap on the compensatory award.
What to do right now
Write everything down. Record dates, what was said, who was present, and the sequence of events. Do this today, while it’s fresh.
Gather your documents. Employment contract, payslips, any written warnings, the dismissal letter, emails — anything relevant. Ask your employer for your personnel file if you don’t have it.
Don’t sign anything without taking advice. Employers sometimes offer a settlement agreement shortly after dismissal. You cannot validly sign one without independent legal advice, and the employer is legally required to pay for that advice. Take the time to understand what you’re signing away.
Contact ACAS. Start the Early Conciliation process as soon as possible to protect your deadline.
Do you need a solicitor?
For anything other than the most straightforward case, employment solicitors can make a significant difference to both the outcome and the stress of the process. Many offer a free initial consultation, and some work on a no win no fee basis for stronger cases.
A solicitor can advise on whether your dismissal was truly unfair, help you negotiate a settlement, and represent you at Tribunal if it comes to that.
Frequently asked questions
Can I be dismissed without warning?
In serious cases of gross misconduct, yes — but even then your employer should investigate before dismissing. For most conduct issues, a proper disciplinary process is required.
What if I resigned because of how I was treated?
If your employer’s conduct effectively forced you to resign, you may have a claim for constructive dismissal. The same three-month time limit applies from your last day.
What if I was on a zero-hours contract?
Zero-hours workers who meet the two-year qualifying period can still claim unfair dismissal.
Can I claim if I was dismissed during a probationary period?
Only if the reason is one of the automatically unfair categories (pregnancy, whistleblowing, etc.). Standard unfair dismissal requires two years’ employment.
If you think you’ve been unfairly dismissed, the sooner you get advice, the better. Use Super Solicitor to describe your situation and get matched with an SRA-regulated employment solicitor near you — free to search, no obligation.