​Unfair Dismissal
Unfair dismissal occurs when an employer terminates employment without a fair reason or fails to follow a fair procedure. Understanding your rights is crucial to challenging an unfair dismissal.
Fair Reasons for Dismissal
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Conduct/misconduct
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Capability or performance
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Redundancy
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Statutory restriction
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Some other substantial reason
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Retirement (in limited circumstances)
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Illegality
Signs of Unfair Dismissal
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No proper investigation
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Lack of warning
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No disciplinary procedure
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Inconsistent treatment
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Discrimination
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Retaliation for complaints
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Breach of contract
Making a Claim
Qualifying for a Claim
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Two years' continuous service -(please note that there are some ‘automatically unfair dismissal’ such as
being dismissed because you blew the whistle which do not require two years’ continuous service) -
Employee status
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Within time limits
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Not excluded category
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UK employment
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Genuine dismissal
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No valid settlement agreement
Compensation
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Basic award
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Compensatory award
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Loss of earnings
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Future losses
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Loss of benefits
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Pension losses
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Job seeking expenses
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Appeal the dismissal internally
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Gather evidence and documentation
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Contact ACAS for early conciliation
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Seek legal advice
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File tribunal claim if necessary
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Prepare witness statements
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Attend tribunal hearing
Time Limits
You must usually start ACAS early conciliation within three months less one day from your effective date of termination. The time limit for bringing a tribunal claim will be extended by the conciliation period.