Unfair Dismissal: Your Rights and How to Claim
Unfair dismissal explained: the 2-year qualifying rule, the five fair reasons, the Acas Code, time limits and what a tribunal can award in 2026.
Quick answer
A dismissal is unfair unless your employer can show a valid reason — capability or qualifications, conduct, redundancy, a statutory restriction, or some other substantial reason (Employment Rights Act 1996, s.98) — and that they acted reasonably, including following a fair procedure in line with the Acas Code of Practice. Employees normally need 2 years' service to claim (the Employment Rights Act 2025 will cut this to 6 months when in force). You must notify Acas, then claim to an employment tribunal within 3 months of dismissal; there is no fee. For dismissals on or after 6 April 2026 the compensatory award is capped at the lower of £123,543 or 52 weeks' pay, the basic award uses a week's pay capped at £751, and tribunals can adjust awards by up to 25% for failure to follow the Acas Code.
ਸੰਖੇਪ ਜਾਣਕਾਰੀ
Dismissal is when your employer ends your employment — and if you are dismissed, your employer must show they had a valid reason they can justify and that they acted reasonably in the circumstances. The law recognises a limited set of potentially fair reasons (capability or qualifications, conduct, redundancy, statutory restriction, or some other substantial reason), and an employment tribunal will also judge whether the employer acted reasonably in treating that reason as sufficient. Employees normally need 2 years' service to claim ordinary unfair dismissal, and claims must be made to a tribunal within 3 months of dismissal, after Acas early conciliation.
ਇਹ ਪ੍ਰਕਿਰਿਆ ਕੌਣ ਵਰਤ ਸਕਦਾ ਹੈ
- You are legally classed as an employee (the Acas Code of Practice mainly applies to employees)
- You started your job on or after 6 April 2012 and have the qualifying period of normally 2 years (1 year if you started before 6 April 2012; still normally 1 year in Northern Ireland)
- No qualifying period applies if you were dismissed from 25 June 2013 because of your political opinions or affiliation
- Your claim is in time: within 3 months of being dismissed, adjusted for Acas early conciliation
ਕਦਮ-ਦਰ-ਕਦਮ ਪ੍ਰਕਿਰਿਆ
Check the dismissal against the legal test
Your employer must show a valid reason they can justify and that they acted reasonably — including being consistent and investigating fully before dismissing you. Under section 98 of the Employment Rights Act 1996 the potentially fair reasons are: capability or qualifications, conduct, redundancy, a statutory restriction (continuing to employ you would break the law), or some other substantial reason justifying dismissal. Dismissals are likely to be unfair if, for example, you asked for flexible working, took part in lawful industrial action lasting 12 weeks or less, applied for or took maternity, paternity or adoption leave, needed jury service, or exposed wrongdoing (whistleblowing).
- Gross misconduct (such as violence) can justify summary dismissal without notice — but the employer should still investigate first
- Part-time and fixed-term workers cannot be treated less favourably than full-time or permanent employees
Ask for written reasons for your dismissal
If you are an employee with 2 years' service you have the right to ask for a written statement of the reasons for your dismissal, and your employer must supply it within 14 days of you asking. If you are dismissed while on Statutory Maternity Leave you must be given a written statement automatically, regardless of length of service.
Use the internal appeal and the Acas Code
The Acas Code of Practice on disciplinary and grievance procedures is the minimum an employer should follow, and the procedure the employer followed — and your own actions — will be taken into account if the case reaches a tribunal. Appeal the dismissal internally and keep records. Tribunals can adjust awards by up to 25 per cent for unreasonable failure to comply with the Code: up for the employer's failure, down for yours.
- Follow the employer's appeal procedure even if you think it is a formality — an unreasonable failure to follow the Code can cut your award by up to 25%
Consider constructive dismissal carefully (if you resigned)
Constructive dismissal is when you are forced to leave your job against your will because of your employer's conduct — for example not paying you, suddenly demoting you for no reason, forcing unreasonable changes to your working pattern, or letting colleagues harass or bully you. The breach can be one serious incident or a series of incidents that are serious taken together. Try to resolve the issue by speaking to your employer first — but if you do have a case, you should leave your job immediately, because staying may be treated as accepting the conduct.
- Get advice before resigning — constructive dismissal claims are hard to win and resigning is irreversible
Notify Acas for early conciliation
Before you can make a tribunal claim you must tell Acas, which offers free early conciliation. Early conciliation can last up to 12 weeks and the tribunal time limit is put on hold while it runs. If no settlement is reached, Acas issues an early conciliation certificate whose number you need for the ET1 claim form.
Make your tribunal claim in time
In unfair dismissal claims you must make the claim to a tribunal within 3 months of being dismissed (the period starts on the date your employment ended). There is no fee to make an employment tribunal claim. The respondent then has 28 days to reply, and the case proceeds through case management to a hearing.
Understand the remedies and 2026 award limits
If you win, the tribunal can order your job back where appropriate, or compensation. The basic award is calculated like statutory redundancy pay under section 119 of the Employment Rights Act 1996 — one and a half weeks' pay per year aged 41 or over, one week's pay per year aged 22 to 40, and half a week's pay for younger years, counting at most 20 years — with a week's pay capped at £751 where the dismissal is on or after 6 April 2026. The compensatory award is capped at the lower of £123,543 or 52 weeks' pay (for effective dates of termination on or after 6 April 2026), and awards can be adjusted by up to 25% for failure to follow the Acas Code.
- The compensatory cap does not apply to certain dismissals, such as health-and-safety and whistleblowing cases (ERA 1996 s.124(1A))
- Minimum basic award for some automatically unfair dismissals (e.g. health and safety) is £9,157 from 6 April 2026
ਖਰਚੇ
ਮਹੱਤਵਪੂਰਨ ਚੇਤਾਵਨੀਆਂ
The 3-month time limit is strict and runs from the date your employment ended — notify Acas well before it expires.
If you are considering a constructive dismissal claim, staying in the job may be treated as accepting your employer's conduct — get advice urgently.
The Employment Rights Act 2025 (section 25) will cut the qualifying period from 2 years to 6 months and remove the compensatory award cap, but that change was not yet in force as at 30 July 2026 — GOV.UK still states the 2-year rule. Check current guidance before relying on a shorter period.
The award figures on this page apply where the effective date of termination is on or after 6 April 2026 — earlier dismissals use lower limits.
Northern Ireland has separate rules (qualifying period still normally 1 year, industrial tribunals).
ਲਾਭਦਾਇਕ ਲਿੰਕ
Frequently asked questions
- How long do I need to have worked to claim unfair dismissal?
- If you started your job on or after 6 April 2012, the qualifying period is normally 2 years (1 year if you started before then, and still normally 1 year in Northern Ireland). There is no qualifying period if you were dismissed from 25 June 2013 because of your political opinions or affiliation. The Employment Rights Act 2025 will reduce the qualifying period to 6 months, but that provision was not yet in force as at 30 July 2026.
- What are the five fair reasons for dismissal?
- Under section 98 of the Employment Rights Act 1996 a dismissal can be fair if the reason relates to your capability or qualifications for the work, relates to your conduct, is that you were redundant, is that continuing to employ you would contravene a statutory duty or restriction (for example a driver losing their licence), or is some other substantial reason justifying dismissal. Even with a fair reason, the employer must also have acted reasonably in treating it as sufficient.
- How much compensation can a tribunal award in 2026?
- For dismissals with an effective date of termination on or after 6 April 2026, the compensatory award for ordinary unfair dismissal is capped at the lower of £123,543 or 52 weeks' pay (ERA 1996 s.124(1ZA), as amended by the Employment Rights (Increase of Limits) Order 2026). On top of that, the basic award is calculated from your age, length of service (up to 20 years) and a week's pay capped at £751. Awards can be adjusted up or down by up to 25% for unreasonable failure to follow the Acas Code.
- What is constructive dismissal?
- Constructive dismissal is when you are forced to leave your job against your will because of your employer's conduct — for example they do not pay you, suddenly demote you for no reason, force unreasonable changes to how you work, or let other employees harass or bully you. The breach may be one serious incident or a series of incidents serious when taken together. If you have a case, you should leave immediately, because your employer may argue that by staying you accepted the treatment.
- Do I have to appeal internally before going to a tribunal?
- You should. The Acas Code of Practice on disciplinary and grievance procedures is the minimum an employer should follow, and the procedure followed — including your own actions — is taken into account at tribunal. If you unreasonably fail to follow the Code (for example by not appealing), any award can be reduced by up to 25 per cent; if the employer unreasonably fails to follow it, the award can be increased by up to 25 per cent.
- Is there a deadline for claiming?
- Yes — in unfair dismissal claims you must make the claim to a tribunal within 3 months of being dismissed, and you must notify Acas first. The time limit is put on hold while Acas early conciliation (which can last up to 12 weeks) runs, and you have at least one month after receiving the conciliation certificate to submit your ET1.
Part of our Employment Disputes hub
Pre-claim grievance through ACAS Early Conciliation, ET1, and Employment Tribunal hearing under the post-ERA 2025 regime.