Unfair Dismissal Claims

Overview

If you have been dismissed from your job and believe the dismissal was unfair, you may have a claim under the Employment Rights Act 1996 (ERA). Unfair dismissal is one of the most common employment tribunal claims in the UK, and many succeed because employers fail to follow fair procedures.

Key Legislation

• Employment Rights Act 1996, Part X - The right not to be unfairly dismissed
• ACAS Code of Practice on Disciplinary and Grievance Procedures - The gold standard for fair process
• Equality Act 2010 - Where dismissal is also discriminatory
• Employment Tribunals Act 1996 - Governs the tribunal process

Who Can Claim?

You can claim unfair dismissal if:

• You are an employee (not a self-employed contractor)
• You have at least 2 years' continuous service (for ordinary unfair dismissal)
• You were dismissed (including constructive dismissal)

Exceptions (No Service Requirement)

Some dismissals are automatically unfair regardless of length of service:

• Pregnancy or maternity-related
• Whistleblowing (protected disclosure)
• Health and safety complaints
• Asserting a statutory right (e.g., requesting a written statement of terms)
• Trade union membership or activities
• Refusing to work on Sundays (shop workers)
• Exercising the right to request flexible working

The Five Fair Reasons for Dismissal

Under Section 98, an employer must show the dismissal was for one of these reasons:

• Capability or qualifications - Performance or health issues
• Conduct - Misconduct or gross misconduct
• Redundancy - Genuine redundancy situation
• Statutory restriction - Continued employment would break the law
• Some other substantial reason (SOSR) - A catch-all category

Even with a fair reason, the employer must follow a fair procedure. Failure to follow the ACAS Code can result in a 25% uplift to any compensation awarded.

Step-by-Step: How to Bring a Claim

Step 1: Raise a Grievance

Before going to tribunal, write a formal grievance to your employer. This shows you tried to resolve it internally and is expected by tribunals.

Step 2: ACAS Early Conciliation (Mandatory)

You must contact ACAS before issuing a tribunal claim. ACAS will attempt to help both sides reach an agreement. This is free and confidential.

Step 3: Issue an ET1 Claim Form

If conciliation fails, file your claim with the Employment Tribunal within the time limit (see below). The ET1 form asks for details of your employment, dismissal, and what remedy you seek.

Step 4: Prepare for the Hearing

Gather all evidence: your contract, disciplinary records, emails, witness statements. The tribunal will hold a hearing where both sides present their case.

Critical Time Limit

You have 3 months less 1 day from the effective date of termination to start ACAS Early Conciliation. The clock stops during conciliation and restarts when it ends. Missing this deadline usually means losing your right to claim.

Compensation

• Basic award: Calculated like statutory redundancy pay (based on age, length of service, and weekly pay up to the statutory cap)
• Compensatory award: Loss of earnings, benefits, and other losses, capped at the lower of 52 weeks' pay or the statutory maximum (currently £115,115)
• ACAS Code uplift: Up to 25% increase if the employer unreasonably failed to follow the ACAS Code

EvenStance Can Help

EvenStance can help you draft your grievance letter, understand whether your dismissal may be unfair, generate your ACAS notification, and prepare your tribunal claim documentation.