How to Claim Unfair Dismissal
Step-by-step guide to bringing an unfair dismissal claim under the Employment Rights Act 1996, from checking eligibility to enforcing an award.
Visión general
Unfair dismissal is a statutory right under s.94 of the Employment Rights Act 1996. To bring a claim, you generally need two years' continuous employment, though this qualifying period does not apply where the dismissal is for an automatically unfair reason (such as whistleblowing, pregnancy, or asserting a statutory right). You must contact ACAS for early conciliation before filing a tribunal claim, and you must act within the strict 3-month time limit.
Quién puede usar este proceso
- You have been dismissed (actual dismissal, constructive dismissal, or expiry of a fixed-term contract without renewal)
- You have 2 years' continuous employment — unless the dismissal is for an automatically unfair reason
- You are an employee (not a worker or genuinely self-employed)
- Your claim is within 3 months less one day of the effective date of termination
Proceso paso a paso
Check Your Eligibility and Time Limit
The effective date of termination (EDT) is the date your notice expired or the date of summary dismissal. Your claim must reach ACAS (via early conciliation notification) before 3 months less one day from the EDT. Some dismissals are automatically unfair from day one of employment — whistleblowing (ERA s.103A), pregnancy/maternity (s.99), union membership (s.152 TULRCA 1992), asserting a statutory right (s.104), and health and safety activities (s.100).
- Calculate your EDT carefully — it is the last day of your notice period, not the day you were told you were dismissed
- For automatically unfair dismissal, there is no 2-year qualifying period
- The time limit is usually 3 months less one day — missing it is almost always fatal to your claim
Notify ACAS for Early Conciliation
You must notify ACAS before you can issue a tribunal claim (s.18A Employment Tribunals Act 1996). Contact ACAS online at acas.org.uk or call 0300 123 1100. ACAS will assign a conciliator to try to resolve the dispute. Early conciliation 'stops the clock' on your time limit for up to 6 weeks (1 week + optional 5 week extension). You receive an EC certificate with a reference number when conciliation ends.
- Notify ACAS even if you are sure the employer will not settle — the process is mandatory
- The clock stops the moment ACAS receives your notification
- Settlement via ACAS is recorded in a COT3 agreement — this is binding and final
Complete and File the ET1 Claim Form
If early conciliation does not resolve the dispute, file your claim online using form ET1 at the Employment Tribunals service (gov.uk/employment-tribunals). You will need the ACAS certificate number. Set out the facts clearly in the 'grounds of complaint' section: what happened, the date of dismissal, why it was unfair (no fair reason, procedurally flawed, or automatically unfair), and the remedy you seek. There are no tribunal fees.
- State the statutory basis for each claim: e.g. s.94 ERA 1996 (unfair dismissal); s.23 ERA 1996 (unlawful deduction from wages)
- Be factual, not emotional — set out what happened, not how it felt
- Include all related claims on the same ET1 (e.g. unfair dismissal + failure to pay notice + holiday pay)
- Keep a copy of the submitted ET1
Prepare Your Case
After the employer files its ET3 response, the tribunal manages the case to a final hearing. Gather all documents: employment contract, written statement of particulars, payslips, disciplinary records, dismissal letter, minutes of hearings, and relevant policies. Prepare a witness statement covering all the facts you want the tribunal to consider — this replaces your oral evidence-in-chief. Prepare a schedule of loss.
- A schedule of loss should cover: basic award (calculated from your age, weekly pay, and years of service), compensatory award (loss of earnings, benefits, pension, future loss), and statutory uplift for ACAS Code breach
- The basic award is calculated at the same rate as statutory redundancy pay
- The compensatory award is subject to a cap: currently £115,115 or one year's gross pay, whichever is lower
- Mitigate your loss — you have a duty to look for alternative work; keep a record of job applications
Attend the Final Hearing
The final hearing is before an Employment Judge (sitting alone for unfair dismissal, unless discrimination is also pleaded in which case lay members join). Your witness statement stands as evidence-in-chief. You will be cross-examined by the employer's representative. Both sides make closing submissions. The judge may give judgment on the day or reserve it.
- Address the judge as 'Sir' or 'Ma'am' — not 'Your Honour'
- Keep answers focused — do not volunteer information not asked for
- You can be represented by a solicitor, barrister, union rep, or lay representative
- Hearings typically list for 1–3 days depending on complexity
Enforce the Award
If the tribunal finds in your favour and the employer does not pay within the time ordered (or the default 42 days), you can enforce the award through the County Court. Register the award as a County Court judgment and use enforcement methods: warrant of control (bailiffs), attachment of earnings, or third-party debt order. The HMRC enforcement scheme can also assist with unpaid employment tribunal awards.
- Interest runs on unpaid tribunal awards from 42 days after the judgment at the judgment debt rate
- Contact ACAS enforcement if the employer fails to pay — ACAS has powers to pursue non-payment
- The employer may appeal to the Employment Appeal Tribunal within 42 days — on a point of law only
Costes
Advertencias importantes
The 3-month time limit is strictly enforced. The tribunal has very limited discretion to extend it — missing the deadline is almost always fatal to your claim.
If you accept voluntary redundancy or sign a settlement agreement, you will normally lose the right to bring an unfair dismissal claim about the same dismissal.
Costs orders are rare in employment tribunals but can be made if a claim is found to have no reasonable prospect of success or is pursued vexatiously.