An unfair dismissal claim usually requires employee status, a dismissal and the qualifying period of service. The employer’s reason and procedure also matter. Some reasons for dismissal carry protection without the usual service requirement. A dismissal which feels unjust still needs to be examined against the applicable legal test.
Check the rule applying to your dismissal date
As at 15 September 2026, ordinary unfair dismissal generally requires two years’ continuous employment. ACAS identifies a reduction to six months from January 2027. Do not apply the future rule to an earlier dismissal without checking the transition provisions.
Record when employment began, any changes of employer and when it ended. Notice arrangements and continuity questions can affect the assessment. The date shown on an outcome letter is not always the effective date of termination.
Less than two years does not answer every claim
Some automatically unfair reasons, including whistleblowing and pregnancy related reasons, do not require the ordinary qualifying service. Discrimination and wrongful dismissal are separate claims with different requirements.
Identify the conduct being challenged. Was the employee dismissed because of an alleged incident, because they raised a protected concern, or for another reason? A chronology helps connect the evidence to the employer’s explanation, but sequence alone does not prove the reason for dismissal.
Examine the reason and procedure separately
An employer may identify a potentially fair reason, such as conduct, capability or redundancy. This does not end the assessment. The tribunal also considers the reasonableness of dismissal in the circumstances.
Read the dismissal letter alongside the allegations, evidence and records of the employee’s response. Identify what the employer accepted, rejected or did not address. A procedural error matters because of its effect on the decision and overall fairness, not merely because an error exists.
The ACAS disciplinary and grievance Code is relevant to many conduct and capability cases. It does not apply to redundancy dismissals. Match the procedure to the actual reason.
Appeal and tribunal deadlines are separate
Check the employer’s appeal deadline and the applicable tribunal deadline. An internal appeal does not pause tribunal time limits. Acas states that time limits for employment tribunal claims increased from 3 months to 6 months on 1 October 2026. The 3 month limit may still apply to problems that started before 1 October 2026. Check your deadline early and seek advice.
Timely ACAS notification can pause the relevant limitation period during early conciliation. A settlement discussion with the employer does not have the same effect. Whistleblowing dismissal may also involve the separate seven day interim relief deadline.
Questions employees ask
- Can I claim if I resigned?
- Resignation raises the separate issue of constructive dismissal. It requires assessment of the employer’s breach, the resignation and the connection between them. A difficult workplace does not establish all the conditions for the claim.
- Is unfair dismissal the same as notice pay?
- No. A dispute about contractual notice may be wrongful dismissal even if ordinary unfair dismissal is unavailable.