If you want to make a claim for unfair dismissal, here’s an idea of the process to follow. 
First, you must act promptly, because unfair dismissal claims must be brought within three months from the date you were dismissed.
Next, you should go through the early conciliation process. If you’re in Northern Ireland, that means the LRA. For England, Scotland and Wales, it’s ACAS.
You may manage to reach a settlement at that stage although it is rare to do so. You are not obliged to accept or even discuss anything at this stage. All that is required is that you notify them that you intend making a claim against your employer. You must contact ACAS/LRA within the time limit for lodging a claim which is generally 3 months less a day.
If you are still not satisfied after Early Conciliation, your next option is to take your employer to the Employment Tribunal.
To do this, please note that you must be classed as an employee (not a self-employed contractor, for example). Also, you must have worked for your employer for at least two years (in England, Scotland or Wales) or one year (if you work in Northern Ireland).
At this stage, it’s wise to involve an expert solicitor like us to help you build your case, gather evidence, and fill in the ET1 claim form. The form needs to be accurate, clear and professional, as it is the first document that the tribunal will look at. The proof you collect should be as detailed as possible, ideally in writing.
When the tribunal receives your completed form, they will send you a notice of acknowledgement. Allow up to one week for this to arrive. Because of the strict timescales, if the acknowledgement doesn’t arrive by then, it’s worth chasing the central office of employment tribunals.
When your employer is notified about your claim, they might offer you compensation straightaway, or they might agree to continue through the tribunal process.
To continue, they will complete and submit form ET3 to tell their side of the story, and will send you a copy in advance of the hearing to help you prepare your case.
You’ll also be sent a date, time and location for your hearing, which is likely to be around six months of the date you submitted your ET1 form.
We’ll represent you at the tribunal to give you the best chance of winning. Our expertise is also useful because we can help you negotiate other benefits, such as a reference to support you when you’re job-hunting.
If you win your unfair dismissal case, you could receive a basic payment plus compensation.
- The basic award is based on your age, years of employment and amount of weekly pay.
- The compensation element is the amount of income you missed out on because of being unfairly dismissed.
How do you know if your dismissal was unfair?
Were you dismissed because:
- Of allegations about your conduct without you being given the chance to respond?
- Of allegations with little or no evidence?
- You were pregnant or had family commitments?
- You were part of the trade union or refused to join one?
- Of your working hours or annual leave?
- You ‘blew the whistle’ on your employer’s behaviour?
If yes, you may well have an unfair dismissal case.
You may also have a case if your employed behaved unfairly during the dismissal process. For example:
- They didn’t admit the true reason for dismissing you
- The reason they gave was unfair
- They didn’t give you sufficient notice (unless your dismissal was due to gross misconduct)
- They didn’t investigate the situation properly before they dismissed you
- They didn’t follow their own procedures properly
- They didn’t give you the chance to comment on the situation
- They offered you an unsuitable role and made you redundant when you didn’t accept it
What doesn’t count as unfair dismissal?
Here are some of the situations when you won’t be able to make a claim for unfair dismissal:
- If you chose to resign (in this case, you might be able to bring a claim for constructive dismissal instead – however, the rules are slightly different and the chances of winning can be lower – see here for more detail)
- If you were suspended on full pay
Further reading
For more information on this subject, you might find our other articles useful:
- Unfair dismissal
- Who can claim for unfair dismissal?
- What constitutes unfair dismissal?
- So you won your unfair dismissal case. What next?
- “I’ve been unfairly dismissed. How much can I claim?”
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