Unfair Dismissal Claim: How to Protect Your Employment Rights

[john a thompson]

Losing your job unexpectedly can be distressing, especially if you believe you were dismissed unfairly. Unfair dismissal occurs when an employer terminates an employee’s contract without a valid reason or fails to follow the proper legal procedure.

If you think you’ve been unfairly dismissed, you may have the right to make an unfair dismissal claim and seek compensation or reinstatement.

In this article, we explain what unfair dismissal is, who can claim, the process for making a claim, and how much compensation you could receive.

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What is Unfair Dismissal?

Unfair dismissal happens when an employer fires an employee without a fair reason or does not follow the correct dismissal process.

A dismissal is considered unfair if it is:

🚫 Without a fair reason – The employer does not provide a legally valid reason for termination. 🚫 Procedurally incorrect – The employer fails to follow disciplinary or redundancy procedures. 🚫 Automatically unfair – The dismissal is related to reasons protected by law, such as whistleblowing, pregnancy, or trade union membership.

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Who Can Claim Unfair Dismissal?

To make an unfair dismissal claim, you must meet the following criteria:

✔️ Employment Status – You must be an employee (not a contractor or freelancer). ✔️ Minimum Service Period – In most cases, you must have worked for the employer for at least two years. ✔️ Time Limit – Claims must be made within three months from the date of dismissal.

🔹 Exceptions: You do not need two years of service if the dismissal is related to:

• Discrimination (race, gender, disability, etc.)
• Health and safety concerns
• Whistleblowing
• Exercising statutory rights (e.g., maternity leave, minimum wage, etc.)

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Fair vs. Unfair Dismissal: Key Differences

Type of Dismissal	Explanation	Fair or Unfair?
Gross Misconduct	Employee engaged in serious misconduct (e.g., theft, fraud, violence)	✅ Fair (if due process is followed)
Poor Performance	Employee failed to meet performance standards after warnings	✅ Fair (if warnings and support were given)
Redundancy	Employee’s job role is no longer required	✅ Fair (if redundancy procedure is followed)
Whistleblowing	Employee reported illegal activity and was dismissed	❌ Automatically Unfair
Pregnancy-Related	Employee dismissed due to pregnancy or maternity leave	❌ Automatically Unfair
Trade Union Activity	Employee fired for joining or participating in a trade union	❌ Automatically Unfair

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How to Make an Unfair Dismissal Claim

If you believe you have been unfairly dismissed, follow these steps:

1. Request Written Reasons for Dismissal

Your employer must provide a written explanation for your dismissal if you request it.

2. Try to Resolve the Issue Informally

Before making a formal claim, consider discussing the issue with your employer through HR or workplace mediation.

3. Contact ACAS (UK Only)

The Advisory, Conciliation and Arbitration Service (ACAS) offers free early conciliation to help resolve disputes between employees and employers before going to a tribunal.

4. File a Claim with an Employment Tribunal

If conciliation fails, you can submit an unfair dismissal claim to an employment tribunal within three months of your dismissal.

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Unfair Dismissal Compensation

If your claim is successful, you could receive:

💰 Basic Award – A lump sum payment based on your age, years of service, and weekly pay (similar to redundancy pay). 💰 Compensatory Award – Covers lost wages, future earnings, and benefits (up to £105,707 or 12 months’ salary, whichever is lower). 💰 Reinstatement or Re-engagement – In some cases, the tribunal may order your employer to give you your job back.

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Conclusion

If you believe you’ve been unfairly dismissed, it’s crucial to act quickly. Understanding your rights, gathering evidence, and seeking legal advice can improve your chances of a successful claim.

For free employment law advice, contact ACAS, Citizens Advice, or an employment solicitor to discuss your options.