Being dismissed from your job can be a stressful and difficult experience, especially if you believe it was unfair dismissal. We have set out a practical step-by-step guide to help you understand your rights, explore your options, and navigate what to do next if you think you have an unfair dismissal claim
What Is Unfair Dismissal?
Under UK Employment law, being fired from your job is considered unfair dismissal if your employer fails to cite a valid reason for the termination, and/or does not follow the correct and fair procedure.
To better understand what unfair dismissal is, it is important to understand what is considered fair reason for dismissal under UK employment law. An employer has the right to dismiss an employee for the following reasons:
- Misconduct (breach of company policy, repeated lateness, etc.)
- Performance issues and capability (failing a performance improvement plan)
- Redundancy
- Legal issues with employment (e.g. you don’t have the right to work in the UK)
- Other substantial reason (such as working relationship breakdown)
That said, even if your employer has cited a fair reason for ending your employment, they are still under obligation to follow the correct procedures for dismissal. This includes carrying out necessary investigations, providing you with sufficient warning, and offering you the opportunity to respond. Any decision to dismiss you should be reasonable and proportionate.
If you believe your dismissal doesn’t fall under one of the above categories, or your company didn’t follow a fair process, you may have a case under unfair dismissal law in the UK.
Step 1: Understanding Why You Were Dismissed
Firstly, request written explanation of the reason for your dismissal from your employer. This way, you can assess whether it was fair, reasonable and proportionate, and whether the proper procedures were followed.
If you believe there was no fair reason for your dismissal, or that the correct process was not followed, you may have grounds for an unfair dismissal claim. It is important to explore your options as early as possible.
Step 2: Be Aware of Unfair Dismissal Time Limits
In most cases, you have three months minus one day from the date of dismissal to bring an unfair dismissal claim to the Employment Tribunal.
The time limits are strict. Being just one day late can mean your claim is out of time, so it’s important to work out what the deadline is, and act quickly.
Step 3: Check Whether You Qualify for an Unfair Dismissal Claim
You generally need to have at least two years of continuous service with your employer to be able to pursue an unfair dismissal claim. However, some situations are classed as automatically unfair and do not require any minimum length of service under UK employment law.
A dismissal may be automatically unfair if it relates to certain protected situations. These include:
- Pregnancy or maternity leave
- Making a flexible working request
- Requesting family-related leave
- Whistleblowing
- Asserting a legal right
- Taking part in lawful industrial action
- Jury service
- Raising health and safety concerns
- Being unjustifiably forced to retire
- Being a trade union member or representative
In addition, employees are protected from discrimination under the Equality Act 2010. If your dismissal is connected to a protected characteristic (age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex, or sexual orientation), you may have a discrimination claim. There is no minimum length of service required to bring a discrimination claim.
If you’re unsure whether you have any potential claims, how to deal with unfair dismissal, or have any questions about eligibility or time limits, contact our employment law team for advice.
Step 4: Follow Your Employer’s Internal Process
If your employer has an appeal process, it may be worth using it. Resolving issues internally can save time, stress, and legal costs. Plus, tribunals may look favourably on those who try to resolve matters before taking legal action on unfair dismissa
Step 5: Gather Evidence and Supporting Documents
Keep a clear and accurate record of events leading up to your unfair dismissal, collecting relevant documents and evidence. This can support your claim, whether the issue is resolved internally or proceeds to Employment Tribunal.
Step 6: Contact ACAS and Start Early Conciliation
Before making a claim to the Employment Tribunal, you must contact ACAS to begin Early Conciliation. This is a free and confidential service that helps employers and employees try to reach a settlement.
Crucially, starting Early Conciliation pauses the three-month time limit for submitting an unfair dismissal claim and other employment claims, giving you more time to prepare and consider your options.
If no agreement is reached, or the employer does not engage in the Early Conciliation process, a certificate will be issued by ACAS, and you can proceed to a tribunal.
Step 7: Consider What Outcome You Want from Your Unfair Dismissal Claim
Take time to think about what outcome you’re really hoping for in submitting an unfair dismissal claim. This might be financial compensation, a formal apology, a reference, or simply feeling that your concerns have been heard.
It’s also important to consider:
- Value of your unfair dismissal claim and other claims – If you’re unsure what you might be entitled to, a solicitor with expertise in unfair dismissal claims can help to assess this.
- Legal costs – If you plan to instruct a solicitor or a representative, costs are likely to be incurred, and you will need to consider what these costs are likely to be compared to the value of your unfair dismissal claim.
- Time and stress involved – Litigation can be demanding, so it’s worth thinking about whether an unfair dismissal case is the right route for you.
- Duty to mitigate losses – For example, by actively looking for new work.
Be clear on your goals and what a realistic outcome looks like, as well as what is best for you.
Step 8: Bring an Unfair Dismissal Claim to the Employment Tribunal
You must submit your unfair dismissal claim to the Employment Tribunal before the deadline. You can do this yourself or with the help of a solicitor specialising in unfair dismissal cases.
You’ll need to complete an ET1 form, explaining what you’re claiming, why you’re making the claim, and what outcome you want the Employment Tribunal to award. You can submit the ET1 form online.
How Howells Can Help with an Unfair Dismissal Claim
If you think you’ve been the victim of unfair dismissal, speak to our friendly employment law team today. We’re here to help you understand what unfair dismissal is, fight for your rights, and help you move forward with confidence.
