Unfairly sacked? How an unfair dismissal claim works
If you think you were unfairly sacked, an unfair dismissal claim asks a tribunal to examine why your employer dismissed you and whether it acted reasonably. Losing your job can leave you worried about money and unsure what to do. Start with the dismissal letter, your employment dates and the explanation you were given.
Were you unfairly sacked?
Employment Rights Act 1996 section 98 requires the employer to show the reason for your dismissal. It must be capability or qualifications, conduct, redundancy, a legal restriction on continuing your employment, or some other substantial reason. These are the reasons the tribunal examines. The employer naming one does not end the assessment.
Under section 98(4), the tribunal then decides whether your employer acted reasonably in treating that reason as sufficient to dismiss you. The reason and the way the decision was reached both need examination. Feeling that a decision was harsh is understandable, but the legal question is whether the employer acted reasonably.
Read the explanation in your dismissal letter. Does it match what you were told at the meeting? Compare it with the records your employer referred to. If the explanation changed, record when it changed and keep each version. Separate what you accept happened from what you dispute. This makes your account easier to assess.
Being sacked without a warning can make the decision feel sudden. It is still necessary to examine the reason and whether dismissal was reasonable under section 98(4). A missed procedure does not mean compensation follows automatically. Any award can be reduced, including to nothing, if you would have been dismissed anyway or your conduct contributed to the dismissal.
Who can make an unfair dismissal claim
For dismissals before 1 January 2027, an employee normally needs 2 years of continuous employment to claim ordinary unfair dismissal. Check the date you started work and the date your employment ended. Keep your contract and the letter confirming dismissal so an adviser can review those dates.
Acas says the qualifying period under the Employment Rights Act 2025 is due to fall to 6 months from 1 January 2027. The change is subject to government consultation. Do not assume the shorter period already applies to a dismissal before that date. Your dismissal date and continuous service need to be considered together.
Some dismissals are automatically unfair and need no qualifying service. Examples include dismissal for whistleblowing or for a reason connected with pregnancy or maternity. A short period of employment does not therefore answer every question about whether you can claim. The reason for the dismissal still matters.
If you raised a concern before you were sacked, keep the original message and the dismissal explanation. Tell your adviser what you raised, when and to whom. Do not rewrite the message afterwards. The documents help an adviser examine the connection you believe exists, rather than relying only on the order in which events happened.
The deadline for your claim
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.
A claim usually starts with ACAS Early Conciliation before the tribunal claim form, called the ET1. Do not assume that reading about a 6 month limit gives you a confirmed deadline. Give your adviser the dates of the problems you want to raise and any correspondence you have received from ACAS.
Write those dates on a separate sheet. Include the dismissal date and any earlier events you want assessed. Keep the sheet with your dismissal letter so you do not have to reconstruct the sequence each time you ask for help. If you do not know a date, say so rather than estimating it as certain.
Check the deadline before spending days perfecting a long account. You can prepare your documents while seeking advice. If some records are missing, identify them and explain why they matter. A clear account of what you have and what is missing is more useful than delaying the deadline check.
How to make an unfair dismissal claim
If an appeal is offered, use the appeal route described in your dismissal letter. The ACAS Code of Practice on Disciplinary and Grievance Procedures describes an appeal as part of the disciplinary process. Under the Code, an employee who considers disciplinary action wrong or unjust should appeal. Keep a copy of what you submit.
Explain which parts of the dismissal decision you dispute. Refer to the relevant document and its date. If you accept an event happened but disagree that dismissal was reasonable, say that clearly. If a record is inaccurate, identify the wording you dispute and the evidence you want considered. Avoid treating every disagreement as the same issue.
The tribunal claim usually begins with ACAS Early Conciliation. After that, the claimant starts the claim using the ET1 form. Prepare an account that follows the dates in your records. Keep your ACAS correspondence with the material you are using to prepare the form. Ask for advice if the account and the documents do not agree.
For preparation, gather the dismissal letter, contract, meeting records, relevant emails and your appeal if you sent one. Add a short index with document names and dates. You do not need to hide an unhelpful document. A legal expert needs to assess the explanation your employer may rely on as well as your response.
What compensation can be awarded
An unfair dismissal award has a basic award under Employment Rights Act 1996 section 119 and a compensatory award for loss caused by the dismissal under section 123. The compensatory award is limited under section 124 and an award can be reduced, including to nothing, if you would have been dismissed anyway or your conduct contributed to the dismissal. You are expected to look for other work to reduce your loss.
Constructive dismissal
Employment Rights Act 1996 section 95(1)(c) covers resignation because of the employer’s conduct, where the employee generally needs to show a serious breach of contract, resignation in response and no delay so long that they accepted the breach. A constructive dismissal claim is a type of unfair dismissal claim, so the same qualifying service and time limit rules apply.
How Belonge helps
You may be unsure whether to challenge the reason, the process or both. A Case Assessment reviews the evidence and key documents so a legal expert can assess the legal merits of your case and advise you on the action to take. Bring the dismissal explanation and your account of the events you dispute.
A Case Assessment costs £149, or 3 payments of £49.67 with Klarna. It includes one hour with a legal expert by video or audio on Microsoft Teams, a review of your evidence and key documents, and a written report within 24 hours of your appointment if all required documents are provided.
Our legal experts are solicitors, barristers, CILEX professionals and accredited HR Directors. We advise employees in England, Scotland and Wales.
Belonge prepares clients. We do not represent clients and do not attend meetings, hearings or tribunals.
Use the written report to prepare for the action discussed at your appointment. If a document is missing, tell us before the assessment and provide it when requested. The report timing depends on receiving all required documents. Book advice early so the deadline can be considered before you spend more time preparing your account.
Common questions
Can I claim if I have less than 2 years of service? For dismissals before 1 January 2027, ordinary unfair dismissal normally needs 2 years of continuous employment. Some dismissals, including for whistleblowing or a reason connected with pregnancy or maternity, are automatically unfair and need no qualifying service. The ordinary qualifying period is due to fall to 6 months from 1 January 2027, subject to consultation.
Does an unfair procedure guarantee compensation? No. The tribunal assesses reasonableness under Employment Rights Act 1996 section 98(4). An award can be reduced, including to nothing, where you would have been dismissed anyway or your conduct contributed to the dismissal.
How long do I have to start a claim? 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.
Will Belonge attend the tribunal with me? Belonge prepares clients. We do not represent clients and do not attend meetings, hearings or tribunals. A Case Assessment reviews your evidence and key documents and includes a written report advising you on the action to take.
Get advice on your case
Review your documents and the action you need to take with a legal expert. Book a Case Assessment before making decisions about your case.