Evidence Checklist for an Unfair Dismissal Claim
Key documents and records to support an unfair dismissal claim under the Employment Rights Act 1996.
Overview
To succeed in an unfair dismissal claim, you generally need to show: (1) you were dismissed; (2) the reason given was not a fair reason, or; (3) the dismissal procedure was unfair (Polkey v AE Dayton Services [1987]). Gather every document relating to the dismissal process. Even if the reason was fair in substance, a procedurally flawed process can still lead to a finding of unfairness or a Polkey reduction.
Core Dismissal Documents
Dismissal letter or notice of termination(Essential)
Establishes the date of dismissal and the reason given — the clock for your claim starts here
Employment contract and written statement of particulars(Essential)
Any earlier written warnings (first written, final written)(Essential)
Invitation to disciplinary hearing letter(Essential)
Minutes or notes of the disciplinary hearing(Essential)
Appeal letter you submitted (if any) and outcome
Performance and Conduct Records
Performance reviews and appraisals
Any performance improvement plan (PIP)
Records of any previous disciplinary issues
Evidence that you met targets or performance standards
Procedural Evidence
Employer's disciplinary policy and procedure(Essential)
Establishes the process your employer said they would follow (ACAS Code of Practice on Disciplinary and Grievance Procedures)
ACAS Code of Practice on Disciplinary and Grievance Procedures
Tribunals adjust awards by up to 25% for unreasonable failure to follow the Code
Witness statements from colleagues who can speak to the facts
Any correspondence showing the employer had pre-determined the outcome
Evidence of pre-determination can be powerful in showing procedural unfairness