Unfair Dismissal: What to Do If You've Been Sacked
What to do if you have been unfairly dismissed — qualifying period, automatically unfair reasons, the three-month time limit, Acas early conciliation, and what compensation you can recover.
Unfair Dismissal: What to Do If You've Been Sacked
Losing your job suddenly is one of the most stressful things that can happen. Time limits in employment law are strict, and they start running from the date of dismissal.
First: Check Whether You Qualify
To bring an ordinary unfair dismissal claim, you need two years of continuous employment with the same employer. Automatically unfair reasons for dismissal do not require two years of service, including dismissal connected to pregnancy or maternity leave, whistleblowing, trade union membership, asserting a statutory right, and health and safety concerns.
The Time Limit
An unfair dismissal claim must be presented to the employment tribunal within three months less one day of the effective date of termination. Before you can submit a claim, you are required to notify Acas and go through the Early Conciliation process.
What Can You Get If You Win?
An unfair dismissal award has two components: a basic award calculated in the same way as statutory redundancy pay, and a compensatory award for financial loss. The compensatory award is capped at the lower of one year's gross pay or the current statutory maximum — check the up-to-date figure at acas.org.uk.
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This article provides general legal information only. It is not formal legal advice and does not create a solicitor-client or barrister-client relationship. If you need advice specific to your circumstances, please consult a qualified legal professional.
Need Professional Legal Help?
This guide is for general information only. For advice tailored to your situation, instruct a Direct Access barrister.