Unfair Dismissal in the UK: Your Complete Guide to Rights, Compensation and Tribunal Claims

Losing your job is stressful enough. But when you believe you’ve been dismissed unfairly—without proper process, without good reason, or in breach of your rights—the emotional and financial toll can be devastating. If you’re reading this, you may be asking: Was my dismissal unfair? What are my rights? Can I challenge this?

You’re not alone. Unfair dismissal remains one of the most common employment tribunal claims in the UK, accounting for around 22% of all tribunal cases. With the Employment Rights Act 2025 now law, the landscape is shifting dramatically—reducing the qualifying period from two years to six months and removing the compensation cap entirely from January 2027.

This comprehensive guide explains everything you need to know about unfair dismissal in the UK: your legal rights, how to assess whether your dismissal was unfair, what compensation you can claim, how the tribunal process works, and what the 2025 reforms mean for you. Whether you’re considering a claim, navigating early conciliation, or simply want to understand your position, this guide will give you the clarity and confidence to take the next step.

Quick Take: What You Need to Know About Unfair Dismissal

• Unfair dismissal occurs when an employer terminates your employment without a fair reason or without following a fair procedure.
• Currently, you need two years’ continuous service to claim ordinary unfair dismissal (changing to six months from 1 January 2027).
• Automatically unfair dismissal (e.g. for whistleblowing, pregnancy, trade union activity) can be claimed from day one of employment.
• Compensation includes a basic award (like redundancy pay) and a compensatory award (for financial losses).
• The current compensation cap (£118,223 or 52 weeks’ pay, whichever is lower) will be removed from 2027, meaning awards will be based on actual loss.
• You must notify Acas for early conciliation before lodging a tribunal claim—this extends your deadline.
• Tribunal time limits are three months minus one day from dismissal (extending to six months minus one day in late 2026).
• Around 69% of early conciliation cases don’t progress to tribunal, with many settled or withdrawn.
• The average unfair dismissal award in 2023/24 was £13,749, but this will likely rise significantly post-2027.

What Is Unfair Dismissal? (Legal Definition & Your Rights)

Unfair dismissal is a legal term defined under the Employment Rights Act 1996. It occurs when an employer dismisses an employee and either:

1. There is no fair reason for the dismissal, or
2. The reason is not sufficient to justify dismissal, or
3. The employer did not follow a fair procedure (as set out in the Acas Code of Practice on disciplinary and grievance procedures).

Importantly, even if your employer had a potentially fair reason (such as poor performance or misconduct), the dismissal can still be unfair if they didn’t follow proper process—such as failing to investigate, not giving you a chance to respond, or not offering an appeal.

Unfair Dismissal vs Wrongful Dismissal vs Constructive Dismissal

These terms are often confused, but they’re legally distinct:

Wrongful dismissal is a breach of contract claim and can be brought in the civil courts or employment tribunal (capped at £25,000 in tribunal). Constructive dismissal is when you’re forced to resign due to your employer’s serious breach of contract—such as bullying, demotion without agreement, or failure to pay wages. You can claim constructive unfair dismissal if you meet the qualifying period.

For more on constructive dismissal, see our guide: Understanding Constructive Dismissal in the UK.

Who Can Claim Unfair Dismissal?

To bring an ordinary unfair dismissal claim, you must be:

• An employee (not a worker or self-employed contractor)
• Dismissed by your employer (resignation doesn’t count unless it’s constructive dismissal)
• Meet the qualifying period of continuous service (currently two years; six months from 1 January 2027)

Exceptions: You can claim automatically unfair dismissal from day one if dismissed for specific protected reasons (see below).

The Two-Year Rule (And How It’s Changing in 2027)

Currently, most employees must have two years’ continuous service to claim unfair dismissal. This has been the law since 2012 (it was previously one year).

However, the Employment Rights Act 2025 reduces this to six months, effective 1 January 2027. This means:

• If you’re dismissed on or after 1 January 2027 with at least six months’ service, you can claim unfair dismissal.
• Employees with six months’ service on 1 January 2027 will gain protection from that date.
• New hires from July 2026 onwards will reach the six-month threshold by January 2027.

This is a landmark shift. The two-year rule has been criticised for leaving millions of workers vulnerable to arbitrary dismissal. The reduction to six months brings the UK closer to European norms and significantly expands employee protections.

For job seekers: Understanding this change is crucial. If you start a new role in mid-2026 or later, you’ll gain unfair dismissal rights much sooner than under the old system. For more on navigating new roles, see How to Succeed in Your Probation Period.

The Employment Rights Act 2025: Game-Changing Reforms

The Employment Rights Act 2025, which received Royal Assent on 18 December 2025, represents the most significant overhaul of UK employment law in a generation. Two reforms directly impact unfair dismissal claims:

Six-Month Qualifying Period from January 2027

As noted, the qualifying period drops from two years to six months. The government initially proposed day-one unfair dismissal rights but faced resistance from the House of Lords and business groups. The compromise—six months—balances employee protection with employer flexibility during genuine probationary periods.

What this means:

• Employers will need to act faster if a new hire isn’t working out.
• Performance management and probationary reviews will become more critical.
• Employees gain protection much earlier, reducing the risk of arbitrary dismissal.

Removal of the Compensation Cap

Perhaps even more significant: the Act removes the statutory cap on compensatory awards for unfair dismissal. Currently, compensation is capped at the lower of:

• £118,223 (as of April 2025), or
• 52 weeks’ gross pay

From 2027, there will be no cap. Compensation will be based on actual financial loss, similar to discrimination and whistleblowing claims (which are already uncapped).

Why this matters:

• High earners and senior employees will no longer see their losses artificially capped.
• Employers face significantly higher financial risk, especially for unfair dismissals of well-paid staff.
• Settlement negotiations will shift, with claimants potentially holding out for higher offers.
• Tribunal hearings on remedies (compensation) will become longer and more complex.

Legal experts note that while the average unfair dismissal award is currently around £13,749–£14,000, uncapped compensation could lead to six-figure awards for senior roles, long-term unemployment, or significant pension losses.

What This Means for You

If you’ve been dismissed or are considering a claim:

• Before 1 January 2027: The two-year rule and compensation cap still apply.
• From 1 January 2027: Six-month qualifying period and uncapped compensation apply to dismissals on or after that date.

If you’re currently in a role and approaching six months’ service by January 2027, you’ll gain protection. If you’re job hunting, roles starting from July 2026 onwards will benefit from the new regime.

For more on how these changes affect your job search strategy, see How to Evaluate a Job Offer in 2026.

Fair vs Unfair Reasons for Dismissal

Not all dismissals are unfair. UK law recognises five potentially fair reasons for dismissal. However, even if your employer has a fair reason, the dismissal can still be unfair if they didn’t follow a fair process or act reasonably.

The Five Potentially Fair Reasons

1. Conduct – Misconduct or gross misconduct (e.g. theft, violence, serious insubordination). Employers must investigate, hold a disciplinary hearing, and offer an appeal.
2. Capability – Inability to do the job due to lack of skill, qualifications, or ill health. Employers should provide training, support, or consider redeployment before dismissing.
3. Redundancy – The role is no longer required due to business restructuring, closure, or reduced need. Employers must follow a fair redundancy process, including consultation and considering alternatives. See our guide: Redundancy Rights in the UK (internal link).
4. Statutory restriction – You can no longer legally do the job (e.g. a driver losing their licence). Employers should explore alternative roles.
5. Some other substantial reason (SOSR) – A catch-all category for reasons not covered above, such as business reorganisation, personality clashes, or refusal to accept contract changes. This is fact-specific and often contentious.

Automatically Unfair Dismissal (No Qualifying Period Required)

Certain dismissals are automatically unfair regardless of length of service. These include dismissal for:

• Pregnancy, maternity, or parental leave
• Requesting flexible working
• Trade union membership or activities
• Whistleblowing (making a protected disclosure)
• Health and safety concerns (raising legitimate safety issues)
• Asserting a statutory right (e.g. requesting payslips, National Minimum Wage)
• Jury service
• Taking part in lawful industrial action (within the first 12 weeks)

If you believe you were dismissed for any of these reasons, you can claim from day one of employment. These claims also carry uncapped compensation (already in place for whistleblowing and discrimination).

For more on whistleblowing, see Whistleblowing Rights in the UK.

When a “Fair” Reason Becomes Unfair

Even if your employer had a potentially fair reason, the dismissal can be unfair if:

• No proper investigation was conducted (especially for misconduct or capability).
• You weren’t given a chance to respond to allegations or concerns.
• The decision was unreasonable – no reasonable employer would have dismissed in those circumstances.
• No appeal was offered or the appeal was a sham.
• Inconsistent treatment – others in similar situations weren’t dismissed.
• Procedural failures – the employer didn’t follow the Acas Code of Practice.

Example: You’re dismissed for poor performance, but your employer never raised concerns, offered training, or set improvement targets. Even though capability is a fair reason, the lack of process makes the dismissal unfair.

Tip: Keep records of all meetings, emails, and performance reviews. If your employer didn’t follow proper process, this strengthens your case.

How Much Compensation Can You Get?

Compensation for unfair dismissal is made up of two elements: the basic award and the compensatory award. Understanding how these are calculated helps you assess the value of your claim and negotiate settlements.

Basic Award Calculation

The basic award is calculated like statutory redundancy pay, based on:

• Your age at dismissal
• Length of continuous service (capped at 20 years)
• Gross weekly pay (capped at £719 as of April 2025)

Formula:

• 0.5 weeks’ pay for each full year of service under age 22
• 1 week’s pay for each full year aged 22–40
• 1.5 weeks’ pay for each full year aged 41 and over

Maximum basic award: £21,570 (30 weeks × £719)

Example:

• Age 35, 5 years’ service, weekly pay £600
• Calculation: 5 years × 1 week × £600 = £3,000 basic award

You can use the government’s redundancy calculator to estimate your basic award.

Note: If you received statutory redundancy pay, this is usually deducted from your basic award.

Compensatory Award Explained

The compensatory award covers your actual financial losses resulting from dismissal. This includes:

1. Loss of earnings – Net pay (after tax/NI) from dismissal until you find new work (or the tribunal hearing date).
2. Future loss of earnings – Estimated time to find equivalent work, multiplied by your net weekly/monthly loss.
3. Loss of benefits – Company car, pension contributions, private medical insurance, bonuses, etc.
4. Loss of statutory rights – A standard sum (£350–£500) to reflect losing the right to claim unfair dismissal in your new role until you accrue two years’ service (or six months from 2027).
5. Expenses – Reasonable job search costs (travel to interviews, recruitment agency fees, etc.).

Current cap (until 2027): The lower of £118,223 or 52 weeks’ gross pay.

From 2027: No cap—compensation based on actual loss.

Mitigation: You have a legal duty to mitigate your loss by actively seeking new employment. Tribunals expect evidence of job applications, interviews, and reasonable efforts to find work. Failure to mitigate can reduce your award.

Real-World Award Data

According to recent tribunal statistics:

• Average unfair dismissal award: £13,749
• Median award: Lower (around £8,000–£10,000)
• Successful claims: 646 claimants received compensation in 2023/24

However, these figures reflect the capped regime. Awards vary widely based on salary, length of unemployment, and individual circumstances.

Higher awards are seen in cases involving:

• Senior employees with high salaries
• Long periods of unemployment
• Significant pension losses
• Failure by the employer to follow any process

Lower awards occur when:

• The claimant finds new work quickly
• The new role pays similar or more
• The claimant contributed to their dismissal
• Procedural failures were minor

The Impact of Uncapped Compensation from 2027

Removing the cap is a game-changer. Legal commentators predict:

• Six-figure awards for senior roles (e.g. executives, specialists earning £100k+)
• Longer tribunal hearings on remedies, with detailed evidence on pension loss, future earnings, and career impact
• Higher settlement offers as employers seek to avoid uncapped risk
• Increased claims from high earners who previously pursued breach of contract claims in civil courts

Example scenario (post-2027):

• Senior manager, age 50, salary £80,000, dismissed unfairly
• Takes 18 months to find equivalent role
• Loss: £80,000 (net) + pension contributions + loss of bonus
• Potential award: £100,000+

This contrasts sharply with the current cap of £118,223 gross (around £70,000 net), which would have limited the award.

For claimants: This increases your leverage in settlement negotiations. For employers, it raises the stakes significantly.

The Employment Tribunal Process: Step-by-Step

Bringing an unfair dismissal claim involves several stages. Understanding the process helps you prepare and manage expectations.

Before You Claim: Early Conciliation with Acas

Before lodging a tribunal claim, you must notify Acas (Advisory, Conciliation and Arbitration Service) for early conciliation. This is a free, confidential service where an Acas conciliator contacts both you and your employer to explore settlement.

How it works:

1. You complete an early conciliation notification form online.
2. Acas contacts you within 1–2 days and your employer shortly after.
3. The conciliator facilitates discussions (you don’t speak directly to your employer).
4. If settlement is reached, you sign a COT3 agreement (legally binding).
5. If no settlement, Acas issues an early conciliation certificate with a reference number—you need this to lodge your tribunal claim.

Time limits: Early conciliation typically lasts up to one month (extendable to six weeks). Importantly, notifying Acas pauses the tribunal time limit, giving you extra time to settle or prepare your claim.

Success rate: According to Acas statistics, around 69% of early conciliation cases don’t progress to tribunal—many settle, and others are withdrawn.

Tip: Engage constructively with early conciliation. Many cases settle at this stage, saving time, stress, and legal costs.

Time Limits and Deadlines

You must submit your tribunal claim within three months minus one day of your dismissal date (your “effective date of termination” or EDT).

Example: Dismissed on 1 March 2026 → deadline is 31 May 2026.

Extension: Notifying Acas for early conciliation pauses the clock. Once Acas issues your certificate, you have the later of:

• One month from the certificate date, or
• The original three-month deadline (if more than one month remains)

From late 2026: The Employment Rights Act 2025 extends tribunal time limits to six months minus one day for most claims (including unfair dismissal). This gives claimants more time to gather evidence and consider their options.

Warning: Missing the deadline usually means your claim is time-barred. Tribunals can extend time if it was “not reasonably practicable” to claim in time, but this is rare and fact-specific. Don’t delay.

Submitting Your ET1 Claim Form

Once you have your Acas certificate, you submit your claim using the ET1 form via the employment tribunal online service.

What you’ll need:

• Your Acas early conciliation certificate number
• Details of your employment (dates, job title, salary)
• A clear explanation of your claim (why the dismissal was unfair)
• Details of the compensation you’re seeking
• Supporting documents (contract, dismissal letter, etc.)

Tip: Be clear and concise. Explain what happened, why it was unfair, and what you want (compensation, reinstatement, etc.). Attach key documents but don’t overwhelm with irrelevant material.

Your employer receives your claim and must respond within 28 days using an ET3 form, setting out their defence.

What Happens at a Tribunal Hearing

Most cases settle before a full hearing, but if yours proceeds:

Preliminary hearings: The tribunal may hold a preliminary hearing to clarify issues, set directions, or decide preliminary points (e.g. whether you’re an employee, whether you meet the qualifying period).

Final hearing: This is the main hearing where both sides present evidence and witnesses. Hearings can last 1–5 days depending on complexity.

What to expect:

• You (the claimant) present your case first, giving evidence and calling witnesses.
• Your employer presents their defence.
• Both sides can cross-examine witnesses.
• The tribunal panel (usually an employment judge and two lay members) asks questions.
• Both sides make closing submissions.

Representation: You can represent yourself (many claimants do) or instruct a solicitor, barrister, or trade union representative. Around 59% of claimants are legally represented.

Tip: Prepare thoroughly. Organise your evidence, anticipate your employer’s arguments, and practice your testimony. For more on tribunal preparation, see How to Prepare for an Employment Tribunal.

Possible Outcomes

The tribunal will issue a judgment (decision) and, if you win, a remedy (compensation or other orders).

Possible outcomes:

1. Claim succeeds: You’re awarded compensation (basic + compensatory award). The tribunal may also order reinstatement (return to your old job) or re-engagement (a similar role), but this is rare.
2. Claim fails: Your claim is dismissed. You may face a costs order if the tribunal finds your claim was misconceived or you acted unreasonably (rare for claimants).
3. Partial success: The tribunal finds the dismissal unfair but reduces compensation (e.g. for contributory conduct or failure to mitigate).

Costs: Unlike civil courts, employment tribunals rarely award costs. Each side usually bears their own costs unless there’s unreasonable conduct.

Appeals: You can appeal to the Employment Appeal Tribunal (EAT) on a point of law (not fact). Appeals are complex and require legal advice.

Building Your Unfair Dismissal Case

A strong case requires solid evidence and a clear narrative. Here’s what you need.

Evidence You’ll Need

1. Employment contract – Proves your employment status, notice period, and terms.
2. Dismissal letter – Shows the reason given for dismissal and whether proper process was followed.
3. Disciplinary/grievance records – Meeting notes, investigation reports, appeal outcomes.
4. Performance reviews – Evidence of your performance and any concerns raised (or not raised).
5. Emails and correspondence – Communications with your employer about the issues leading to dismissal.
6. Witness statements – Colleagues who can support your account.
7. Job search evidence – Applications, interview records, rejection letters (to show mitigation).
8. Financial records – Payslips, P45, evidence of benefits (company car, pension, etc.).

Tip: Request your personnel file and any documents held by your employer under a subject access request (SAR) under GDPR. Employers must provide this within one month.

Witness Statements and Documentation

Witness statements should be clear, factual, and relevant. Avoid emotional language or irrelevant detail. Focus on:

• What happened (chronologically)
• What was said and by whom
• Why the dismissal was unfair (lack of process, no fair reason, etc.)
• The impact on you (financial, emotional—though emotional distress isn’t compensable unless linked to discrimination)

Tip: Draft your witness statement early and update it as you gather evidence. This forms the backbone of your case.

Common Mistakes That Weaken Claims

1. Missing the deadline – The three-month (soon six-month) limit is strict. Don’t delay.
2. Failing to engage with early conciliation – Acas can help you settle quickly and fairly.
3. Poor evidence – Vague claims without supporting documents are easily dismissed.
4. Not mitigating loss – Tribunals expect you to actively seek new work. Keep records.
5. Exaggerating or lying – Credibility is crucial. Stick to the facts.
6. Ignoring your employer’s defence – Anticipate their arguments and prepare counter-evidence.
7. Going it alone without advice – Employment law is complex. Seek advice from Acas, Citizens Advice, a trade union, or a solicitor.

10 Common Unfair Dismissal Mistakes (And How to Avoid Them)

Even strong cases can fail due to avoidable errors. Here are the top mistakes—and how to sidestep them.

1. Missing the Tribunal Deadline

Mistake: Waiting too long to notify Acas or submit your ET1.

Fix: Act immediately. Notify Acas within days of dismissal. Mark the three-month deadline in your calendar and work backwards.

2. Not Notifying Acas for Early Conciliation

Mistake: Trying to submit an ET1 without an Acas certificate.

Fix: You must notify Acas first. The tribunal will reject your claim without a certificate number.

3. Accepting a Settlement Without Advice

Mistake: Signing a settlement agreement or COT3 without understanding your rights or the offer’s value.

Fix: Always seek independent legal advice before signing. Many settlement agreements include a contribution towards legal fees. See Settlement Agreements Explained.

4. Failing to Keep Records

Mistake: Relying on memory rather than documentation.

Fix: Keep copies of everything—emails, letters, meeting notes, payslips. Request your personnel file via a subject access request.

5. Not Mitigating Your Loss

Mistake: Not actively seeking new work, assuming you’ll be compensated regardless.

Fix: Apply for jobs, register with agencies, attend interviews. Keep a log of all job search activity. Tribunals will reduce awards if you haven’t mitigated.

6. Exaggerating or Embellishing Your Case

Mistake: Overstating facts or making unsupported allegations.

Fix: Stick to the truth. Credibility is everything. If the tribunal doubts your honesty, your entire case suffers.

7. Ignoring Your Employer’s Defence

Mistake: Focusing only on your side of the story.

Fix: Read your employer’s ET3 response carefully. Anticipate their arguments and prepare counter-evidence.

8. Bringing a Weak or Misconceived Claim

Mistake: Claiming unfair dismissal when you don’t meet the qualifying period or your dismissal was clearly fair.

Fix: Get advice early. Acas, Citizens Advice, or a solicitor can assess your case’s strength. Don’t waste time and money on a hopeless claim.

9. Representing Yourself Without Preparation

Mistake: Turning up to a tribunal hearing unprepared, assuming the judge will “sort it out.”

Fix: If you’re self-representing, prepare thoroughly. Organise your evidence, draft a clear witness statement, and practice presenting your case. Consider attending a tribunal as an observer to see how hearings work.

10. Not Seeking Advice

Mistake: Going it alone when free or affordable advice is available.

Fix: Use Acas, Citizens Advice, your trade union, or a solicitor. Many offer free initial consultations. See the Resources section below.

Alternatives to Tribunal: Settlement Agreements & Negotiation

Most unfair dismissal cases settle before reaching a tribunal hearing. Understanding settlement options can save time, stress, and uncertainty.

What Is a Settlement Agreement?

A settlement agreement (formerly called a “compromise agreement”) is a legally binding contract between you and your employer. In exchange for a financial payment (and sometimes other terms, like a reference), you agree not to bring tribunal claims.

Key features:

• Must be in writing
• You must receive independent legal advice from a solicitor, trade union, or advice centre
• Your employer usually pays a contribution (£250–£500+) towards your legal fees
• The agreement waives your right to claim unfair dismissal, discrimination, etc.
• Payments up to £30,000 are tax-free (subject to conditions)

When offered: Settlement agreements are often offered:

• During or after a disciplinary process
• As part of a redundancy
• To resolve a grievance or dispute
• After you’ve notified Acas for early conciliation

Should You Accept a Settlement Offer?

Pros:

• Certainty – You know what you’ll receive, avoiding tribunal risk.
• Speed – Settle within weeks rather than waiting months for a hearing.
• Tax-free payment – Up to £30,000 is tax-free (vs tribunal awards, which are taxable above £30,000).
• Confidentiality – Settlement terms are usually confidential.
• Reference – You can negotiate an agreed reference.

Cons:

• Lower payment – Employers often offer less than potential tribunal compensation.
• No admission of fault – Settlement agreements usually include a “no admission” clause.
• Waiver of rights – You can’t bring a tribunal claim later (except for claims that arise after signing).

How to decide:

1. Get advice – A solicitor can assess whether the offer is fair based on your claim’s strength and potential tribunal award.
2. Calculate your potential award – Use the basic and compensatory award formulas above.
3. Consider risk – Tribunal outcomes are uncertain. A settlement offers certainty.
4. Negotiate – Don’t accept the first offer. Employers expect negotiation.

Tip: If the offer is significantly below your potential award and your case is strong, consider rejecting it and proceeding to tribunal. But weigh the stress, time, and risk of losing.

For more on settlement agreements, see Settlement Agreements: What You Need to Know.

After Dismissal: Protecting Your Career and Finances

Losing your job is a major life event. Here’s how to protect yourself financially and professionally while your case proceeds.

Claiming Benefits While Your Case Proceeds

If you’re unemployed, you may be entitled to:

• Universal Credit – Includes a standard allowance plus housing costs (if eligible). Apply online at GOV.UK.
• Jobseeker’s Allowance (JSA) – If you’re not eligible for Universal Credit (rare).
• New Style Employment and Support Allowance (ESA) – If you’re unable to work due to illness or disability.

Tip: Apply immediately. Universal Credit can take 5 weeks to process, and you may be able to get an advance payment.

Impact on your claim: Receiving benefits doesn’t affect your tribunal claim. However, if you win, the tribunal may deduct benefits received from your compensatory award (this is called “recoupment”). The government recoups the benefits, not your employer.

Job Searching After Unfair Dismissal

Finding new work is crucial—not just financially, but to mitigate your loss and move forward.

Strategies:

• Update your CV – Highlight skills and achievements. See What a UK CV Should Look Like in 2026.
• Use job boards – Browse UKJobsAlert for the latest vacancies across all sectors.
• Network – Reach out to former colleagues, attend industry events, use LinkedIn.
• Consider temp or contract work – This demonstrates mitigation and provides income while you search for a permanent role.
• Upskill – Use the time to gain new qualifications or certifications. See 7 Essential Skills UK Employers Are Seeking in 2026.

Keep records: Log every application, interview, and rejection. This evidence is vital if your case goes to tribunal.

Explaining Dismissal to Future Employers

Should you mention it?

• If asked directly (e.g. “Why did you leave your last role?”), be honest but brief. Avoid badmouthing your former employer.
• If not asked, you’re not obliged to volunteer the information.

How to frame it:

• “There was a disagreement about [issue], and we parted ways. I’m currently exploring my options, including a tribunal claim, but I’m focused on finding the right next opportunity.”
• “The role wasn’t the right fit, and the company and I agreed to part ways. I’m excited to bring my skills to a new challenge.”

Tip: Focus on the future, not the past. Employers want to know what you can do for them, not the details of your previous dispute.

For more on handling tricky interview questions, see What Questions to Ask at the End of a UK Interview.

UK Resources and Where to Get Help

You don’t have to navigate unfair dismissal alone. Here are trusted UK resources.

Acas Early Conciliation

What: Free, impartial conciliation service to help settle disputes before tribunal.

Contact: www.acas.org.uk | Helpline: 0300 123 1100

When to use: Immediately after dismissal, before lodging a tribunal claim.

Citizens Advice

What: Free, independent advice on employment rights, tribunal claims, and benefits.

Contact: www.citizensadvice.org.uk | Helpline: 0800 144 8848

When to use: For initial advice, help with forms, and understanding your rights.

Trade Unions and Legal Support

What: If you’re a union member, your union may provide free legal advice and representation.

Contact: Your union rep or national union office.

When to use: As soon as you’re dismissed or facing disciplinary action.

Employment Solicitors

What: Specialist employment lawyers can advise on your case’s strength, negotiate settlements, and represent you at tribunal.

Cost: Many offer free initial consultations. Some work on a “no win, no fee” basis (though this is less common in employment law). Legal expenses insurance (if you have it) may cover costs.

When to use: For complex cases, high-value claims, or if you’re uncomfortable self-representing.

Find a solicitor: Use the Law Society’s Find a Solicitor tool or contact a specialist employment law firm.

GOV.UK Employment Tribunal Guidance

What: Official guidance on making a claim, time limits, and the tribunal process.

Contact: www.gov.uk/employment-tribunals

When to use: When preparing your ET1 or understanding tribunal procedures.

UKJobsAlert Resources

What: Career advice, job search strategies, and guides on employment rights.

Browse:

• Career Advice
• Personal Development
• Job Opportunities

Frequently Asked Questions

1. How long do I have to claim unfair dismissal?

You must notify Acas for early conciliation within three months minus one day of your dismissal date. From late 2026, this extends to six months minus one day. Early conciliation pauses the clock, giving you extra time.

2. Can I claim unfair dismissal if I’ve worked less than two years?

Currently, no—unless your dismissal is automatically unfair (e.g. for whistleblowing, pregnancy, trade union activity). From 1 January 2027, the qualifying period drops to six months.

3. What’s the difference between unfair dismissal and wrongful dismissal?

Unfair dismissal is about the reason and process (employment law). Wrongful dismissal is about breach of contract (e.g. no notice). You can claim both.

4. How much compensation will I get?

It depends on your salary, length of service, and how long you’re unemployed. The average award is currently £13,749, but this will rise significantly when the compensation cap is removed in 2027.

5. Can I get my job back?

Tribunals can order reinstatement (return to your old job) or re-engagement (a similar role), but this is rare. Most claimants receive compensation instead.

6. Do I need a solicitor?

Not necessarily. Many claimants self-represent successfully. However, legal advice is valuable for complex cases, high-value claims, or if you’re unsure of your case’s strength.

7. What if I was made redundant?

Redundancy is a potentially fair reason for dismissal, but the process must be fair (consultation, fair selection, consideration of alternatives). If the process was flawed, you can claim unfair dismissal. See Redundancy Rights in the UK.

8. Can I claim if I resigned?

Yes, if you resigned because your employer’s conduct made your position untenable—this is constructive dismissal. You must meet the qualifying period and show a fundamental breach of contract.

9. What if my employer offers a settlement?

Get independent legal advice before signing. Settlement agreements waive your right to claim, so ensure the offer is fair.

10. What happens if I lose my tribunal case?

Your claim is dismissed, and you won’t receive compensation. You may face a costs order if the tribunal finds your claim was misconceived or you acted unreasonably (rare). You can appeal on a point of law to the Employment Appeal Tribunal.

Key Takeaways

• Unfair dismissal occurs when an employer dismisses you without a fair reason or fair process. Currently, you need two years’ service to claim (dropping to six months from 1 January 2027).
• The Employment Rights Act 2025 is a game-changer: the qualifying period reduces to six months, and the compensation cap is removed, meaning awards will be based on actual loss from 2027.
• Automatically unfair dismissal (e.g. for whistleblowing, pregnancy, trade union activity) can be claimed from day one with uncapped compensation.
• Compensation includes a basic award (like redundancy pay) and a compensatory award (for financial losses). The average award is currently £13,749, but this will rise significantly post-2027.
• You must notify Acas for early conciliation before lodging a tribunal claim. Around 69% of cases settle or are withdrawn at this stage.
• Tribunal time limits are strict: three months minus one day from dismissal (extending to six months in late 2026). Don’t delay.
• Build a strong case with solid evidence: contracts, dismissal letters, emails, witness statements, and job search records.
• Mitigate your loss by actively seeking new work. Tribunals will reduce awards if you haven’t tried to find a job.
• Consider settlement agreements as an alternative to tribunal—they offer certainty and tax-free payments up to £30,000, but get independent advice first.
• Free help is available from Acas, Citizens Advice, trade unions, and specialist employment solicitors. Don’t go it alone.