Been dismissed from your job and think it wasn't fair? This guide explains your rights, what counts as unfair dismissal, the time limits you need to know, and exactly what to do next.
This guide covers England, Wales and Scotland. Northern Ireland has different rules (1 year's service, a 3-month time limit and the Labour Relations Agency): see Industrial Tribunal Claims in Northern Ireland.
You must contact Acas to start early conciliation within 6 months less 1 day of your effective date of termination if you were dismissed on or after 1 October 2026 (3 months less 1 day if earlier). Miss this and you will almost certainly lose the right to claim, whatever happened. If you're unsure of your deadline, get advice today.
The Employment Rights Act 2025 received Royal Assent in December 2025. From 1 January 2027, the qualifying period for unfair dismissal drops from 2 years to just 6 months, and the cap on compensation is removed entirely.
Unfair dismissal is when your employer ends your employment without a fair reason or without following a fair process. Being dismissed without good cause, without proper warning, or without any chance to respond is unfair — and the law gives you the right to challenge it.
The Employment Rights Act 1996 sets out the rules. Your employer must show it had a fair reason to dismiss you. A tribunal then decides whether it acted reasonably in dismissing you for that reason, taking into account things like its size and resources. If your employer cannot show a fair reason, or did not act reasonably, the dismissal is unfair.
You need to meet all three of these:
If you don't have 2 years' service yet, scroll down to the automatically unfair dismissal section — those claims have no qualifying period at all.
Your employer must have one of five legally recognised fair reasons:
Even if your employer has a fair reason, they must still follow a fair process. A fair process usually includes warnings (for conduct/capability), a proper investigation, a hearing where you can put your side, and the right to appeal. Skipping these steps — or rushing through them unfairly — can make an otherwise fair dismissal unfair.
Some dismissals are automatically unfair, regardless of how long you've worked there and regardless of what reason your employer gives. You have protection from day one in these situations:
From 6 April 2026, disclosures about sexual harassment in the workplace are treated as a qualifying disclosure for whistleblowing protection. If you were dismissed for raising concerns about sexual harassment, this is now automatically unfair from day one.
You don't have to be directly told "you're fired" to bring an unfair dismissal claim. If your employer made working conditions so unbearable that you had no reasonable choice but to resign, that's called constructive dismissal — and you can treat your resignation as a dismissal.
Examples include: changing your pay or hours without agreement, bullying you, demoting you without cause, or fundamentally changing your job role. You must resign promptly after the breach — waiting too long may be seen as accepting the change.
Constructive dismissal claims can be harder to win, so consider getting legal advice first if you're thinking of resigning in response to your employer's behaviour.
If you win an unfair dismissal claim, you can receive two types of award:
| Award Type | How it's calculated | Current maximum (2026) |
|---|---|---|
| Basic award | Based on age, length of service and weekly pay (capped at £751/week) | £22,530 |
| Compensatory award | Based on financial loss (lost wages, benefits, future losses) | £123,543 or 52 weeks' pay (lower applies) — cap removed from 1 Jan 2027 |
| Automatically unfair dismissal | Same as above but minimum basic award applies in some cases | Uncapped for health and safety and whistleblowing dismissals only |
If your employer didn't follow the ACAS Code of Practice on disciplinary procedures, the tribunal can increase your award by up to 25%. If you didn't follow it either, your award can be reduced by up to 25%.
Injury to feelings can also be awarded in discrimination-linked dismissal cases, with amounts starting from £1,300 and reaching over £62,900 in the most serious cases (Vento bands, updated April 2026).
Your time limit runs from this date. Write it down. The time limit starts on your effective date of termination: the day your notice ends, or the day you were dismissed if you were dismissed without notice.
Write to your employer asking to appeal. This shows you tried to resolve things and failing to appeal can reduce your compensation by up to 25%. You can appeal even if you plan to go to tribunal.
You must notify ACAS before you can submit a tribunal claim. Do this as soon as possible, well within your time limit: 6 months less 1 day if you were dismissed on or after 1 October 2026, or 3 months less 1 day if earlier. ACAS conciliation is free and confidential. The days from the day after you notify ACAS until you get the certificate don't count towards your time limit, and if your deadline would run out before one month after you get the certificate, you have until one month after it to claim. Call ACAS on 0300 123 1100 or notify online at acas.org.uk.
Collect: your dismissal letter, any warnings, your contract, payslips, any emails or messages about the dismissal, notes from meetings, and witness details. Keep everything in a safe place.
Citizens Advice (0800 144 8848), ACAS (0300 123 1100), and your trade union (if you're a member) can all give free guidance. Legal aid is rarely available for employment tribunal cases, but many solicitors offer a free initial consultation.
Once ACAS issues a certificate (because conciliation has ended or time has passed), you can submit your claim using an ET1 form at employment tribunal. There are no fees for individuals. The tribunal will set out next steps.
Do not resign before raising an internal appeal unless the situation is genuinely intolerable — it complicates your claim. Do not miss the ACAS notification deadline. Do not agree to anything in writing without taking advice first. Do not assume your employer acted fairly just because they followed some of the process.
ACAS: 0300 123 1100 — free, impartial guidance on unfair dismissal and the tribunal process
Citizens Advice: 0800 144 8848 — free advice on employment rights
Your trade union: If you're a member, contact your rep — unions often provide free legal representation at tribunals
GOV.UK: gov.uk/dismiss-staff/unfair-dismissal
ACAS online: acas.org.uk
Further reading: our blog explains how Early Conciliation pauses your tribunal clock.
Further reading: our blog explains what counts as constructive dismissal.
Further reading: our blog explains whether you can be dismissed while off sick with a fit note.
Further reading: our blog explains the unfair dismissal qualifying period dropping to six months in 2027.
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