| Key Takeaways |
|---|
| You need two years of continuous service with the same employer to claim unfair dismissal. |
| Your employer must have a fair reason for dismissal and follow a fair procedure. |
| Automatic unfair dismissal applies in certain cases regardless of length of service. |
| Claims must be brought within three months of your dismissal date. |
| Compensation can include a basic award and a compensatory award based on your losses. |
Losing your job is one of the most stressful experiences you can face. If you believe your employer dismissed you without good reason or without following a fair process, you may have a claim for unfair dismissal. Employment law in England and Wales gives workers important rights in this situation, and understanding them is the first step to protecting yourself.
Not every dismissal is automatically unfair, and not every worker qualifies to bring an unfair dismissal claim. But if you do qualify, and your employer got it wrong, an employment tribunal can award compensation for your losses and, in some cases, order your reinstatement.
Do You Qualify to Claim?
To bring an unfair dismissal claim, you generally need two years of continuous employment with the same employer. This is called the qualifying period. If you have been employed for less than two years, you will not normally be able to claim unfair dismissal, though other claims — such as wrongful dismissal or discrimination — may still be available depending on your circumstances.
Automatic unfair dismissal
In certain situations, dismissal is automatically unfair regardless of how long you have worked for your employer. These include dismissal for whistleblowing, dismissal for asserting a statutory right, dismissal connected to pregnancy or maternity leave, dismissal for trade union activities, and dismissal for requesting flexible working. If your dismissal falls into one of these categories, the two-year qualifying period does not apply.
The government’s guidance on unfair dismissal sets out the categories of automatic unfair dismissal in full. If you believe your dismissal may fall into one of these categories, contact Wolf Law for advice on your options.
What Makes a Dismissal Unfair?
For a dismissal to be fair, your employer must have a potentially fair reason and must follow a fair procedure. Potentially fair reasons include capability (you could not do the job), conduct (you behaved unacceptably), redundancy, statutory restriction (you could no longer legally do the job), or some other substantial reason. If your employer cannot point to one of these reasons, the dismissal is likely unfair.
The importance of procedure
Even where your employer has a potentially fair reason, a dismissal can be unfair if they did not follow a fair procedure. This typically means giving you proper notice of the issue, conducting a fair investigation, holding a disciplinary hearing, giving you the right to be accompanied, and allowing you to appeal the decision. Employers who skip these steps — even where the underlying reason for dismissal is genuine — often find tribunal claims upheld against them.
Wolf Law’s employment law team can review the procedure your employer followed and advise whether it met the standard required. Visit our contact page to arrange a free initial consultation. You can also find useful background information at Citizens Advice.
How to Bring a Claim
You must bring an unfair dismissal claim within three months of your effective date of termination. Before you can lodge a claim with an employment tribunal, you must notify Acas under the Early Conciliation scheme. Acas will attempt to help you and your employer reach a settlement without tribunal proceedings. If conciliation fails, Acas issues a certificate that allows you to proceed with your tribunal claim.
What compensation can you get?
Compensation for unfair dismissal consists of two parts. The basic award is calculated using a formula based on your age, length of service, and weekly pay, similar to statutory redundancy pay. The compensatory award covers your actual financial losses — lost earnings, lost pension contributions, and any other losses caused by the dismissal — subject to a statutory cap. As of 2026, the compensatory award cap is updated annually; Wolf Law can advise on the current figure applicable to your case.
The employment tribunals service provides guidance on the claims process. Wolf Law’s employment team will represent you through every stage, from the initial Acas notification to the tribunal hearing if necessary.
What is the difference between unfair dismissal and wrongful dismissal?
Unfair dismissal is a statutory claim that requires qualifying service and focuses on whether the employer had a fair reason and followed a fair procedure. Wrongful dismissal is a contractual claim arising where the employer breached the employment contract, typically by dismissing without proper notice. Both may be available in the same situation.
Can I claim if I resigned?
You may be able to claim constructive dismissal if you resigned because your employer’s conduct made your position untenable. This requires showing a fundamental breach of contract by your employer that entitled you to treat the contract as terminated. Constructive dismissal claims are complex and time-sensitive — seek advice promptly.
What is Acas Early Conciliation?
Acas Early Conciliation is a mandatory step before bringing most employment tribunal claims. You notify Acas of your potential claim and they offer a free conciliation service to help you and your employer reach a settlement. If conciliation fails or you choose not to participate, Acas issues a certificate allowing you to proceed to tribunal.
How long does an unfair dismissal tribunal claim take?
Most straightforward unfair dismissal claims are heard within six to twelve months of being lodged. More complex cases, or those where the parties cannot agree on preliminary issues, may take longer. Early settlement through Acas conciliation is often faster and less stressful than a full tribunal hearing.
Does Wolf Law handle employment tribunal claims?
Yes. Wolf Law’s employment law team advises on unfair dismissal, constructive dismissal, redundancy, and discrimination claims. We will review your situation and advise on the strength of your claim, the process, and your options for resolution.
This article is intended for informational purposes only and does not constitute legal advice. For specific advice relating to your circumstances, please contact Wolf Law directly to arrange a consultation with one of our qualified solicitors.
