Unfair Dismissal
Written in plain language for general understanding. This is educational content, not legal advice. Based on UK Acts of Parliament, statutory instruments, and official guidance.
What is this right?
If your employer fires you without a fair reason or without following a fair process, you may have been unfairly dismissed. To bring a claim, you usually need at least 2 years of continuous employment.
The law says a dismissal is only fair if it's for one of these reasons:
- Capability or qualifications — you can't do the job
- Conduct — you broke workplace rules
- Redundancy — the job itself is disappearing
- Legal restriction — continuing to employ you would break the law
- Some other substantial reason (SOSR) — a genuine business reason
Even with a fair reason, the employer must follow a fair procedure — usually a meeting, a chance to respond, and a right of appeal.
When does it apply?
- You have worked for your employer for 2 continuous years or more (the qualifying period).
- No qualifying period is needed if your dismissal is for an automatically unfair reason: pregnancy, whistleblowing, trade union activity, asserting a statutory right, jury service, or health and safety concerns.
- This applies to employees only — not workers or self-employed contractors.
- If you were dismissed within the first 2 years, you may still have a claim for wrongful dismissal (breach of contract) or discrimination.
What should you do?
- Act fast — you have only 3 months minus 1 day from your last day of employment to start the process.
- First, you must contact ACAS Early Conciliation before going to tribunal. Call 0300 123 1100 or apply online.
- Gather evidence — save emails, letters, your contract, payslips, and any notes from meetings.
- If ACAS cannot resolve it, you can file a claim with the Employment Tribunal. There is no fee to bring a claim.
- Remedies include reinstatement, re-engagement, or compensation (basic award up to £19,290 + compensatory award up to £115,115 or 52 weeks' pay, whichever is lower).
What should you NOT do?
- Don't resign in anger — if you quit, it's much harder to claim unfair dismissal (though you may have a "constructive dismissal" claim if conditions were intolerable).
- Don't miss the deadline — the 3-month time limit is strict and tribunals rarely extend it.
- Don't assume you have no rights under 2 years — automatically unfair dismissals and discrimination claims have no qualifying period.
Choose a region above to see how devolved laws differ from UK national protections.
1 region available
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.