Unfair Dismissal: What to Do If You Have Been Sacked
What to do if you think you have been unfairly dismissed — the qualifying period, the three-month time limit, Acas early conciliation, and how to protect your position immediately.
Unfair Dismissal: What to Do If You Have Been Sacked
Losing your job is stressful enough. If you believe the dismissal was unjust, the next few weeks are important. There are strict time limits on bringing a claim.
What is Unfair Dismissal?
Unfair dismissal is a legal right under the Employment Rights Act 1996. You generally need two years of continuous employment to bring a claim. The potentially fair reasons for dismissal are capability, conduct, redundancy, statutory illegality, or some other substantial reason.
The Three-Month Time Limit
You must submit an ET1 claim form to the Employment Tribunal within three months less one day of the effective date of termination. Before you can submit a claim, you must notify Acas and go through early conciliation.
What to Do Immediately
- Note the date your employment ended
- Gather documentation: your contract, payslips, written warnings, emails relating to the dismissal
- Contact Acas to notify them of a potential claim
- Do not sign any settlement agreement without taking independent legal advice first
Settlement Agreements
You cannot validly sign a settlement agreement without receiving independent legal advice from a qualified lawyer. There is a statutory cap on the compensatory award — check the current figure at acas.org.uk as it is updated annually.
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.