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Unfair Dismissal – Your Rights and What to Do Next

Database Guide

This article has been written for England, Wales and Scotland and is not tailored to Northern Ireland

If you've lost your job and it feels wrong, you're not alone.

Being dismissed is tough, especially when it feels unfair. It's scary, stressful, and you might not know where to start. But here's something that might help: unfair dismissal is more common than you think. In 2023/2024 alone, over 27,000 unfair dismissal cases were heard at employment tribunals. You're not the only one going through this, and there is help available.

This guide will help you understand your rights, check if you have a claim, and know what to do next.

First Things First: What Is Unfair Dismissal?

In simple terms, your employer can't just dismiss you without a good reason and without being fair about it. The law protects you through the Employment Rights Act 1996.

Your dismissal might be unfair if your employer:

  • Didn't have a proper reason to let you go
  • Didn't follow the right steps (like giving you warnings or a chance to improve) - this is called 'fair procedure'.
  • Handled things badly or unreasonably

Remember: Even if they had a reason, they still need to be fair about how they do it. Dismissing someone is serious, and employers have a responsibility to be fair.

Quick Check: Can You Claim Unfair Dismissal?

The two-year rule (but with important exceptions)

Usually, you need to have worked for your employer for at least two years to claim unfair dismissal. We know – that's frustrating if you're just under that mark. If you are employed for under two-years, you might be eligible for 'short service dismissal' - but it's important to check against your specific situation.

But here's the important bit: You DON'T need two years if you were dismissed for:

  • Being pregnant or on maternity leave
  • Raising genuine health and safety concerns
  • Whistleblowing (reporting wrongdoing at work)
  • Asking for your legal rights (like minimum wage or breaks)
  • Trade union activities
  • Discrimination (race, sex, disability, age, religion, sexual orientation)

If any of these apply to you, you can claim from day one.

Also check:

  • You were an employee (not self-employed or a contractor without employee rights)
  • You were actually dismissed (not resigned, unless it was constructive dismissal – more on that later)

The Five "Fair" Reasons Your Employer Can Use

Your employer can only fairly dismiss you for one of these five reasons:

1. Capability – You can't do the job properly But they should have helped you improve first, offered training, or made adjustments if you're ill.

2. Conduct – You've done something wrong Like breaking important rules. But they still need to investigate properly and give you a chance to explain.

3. Redundancy – Your job doesn't exist anymore The business is closing, downsizing, or your role is no longer needed. Selection must be fair.

4. Legal restriction – It would be illegal to keep employing you Like if you've lost your driving licence and you're a delivery driver.

5. Some other substantial reason (SOSR) This is the "catch-all" – like if working relationships have completely broken down. But it has to be serious.

Even with a "fair" reason, your employer must still:

  • Investigate properly
  • Tell you what's happening in writing
  • Let you have your say
  • Consider everything fairly
  • Give you the right to appeal

If they skip these steps, your dismissal could still be unfair.

What If You Felt Forced to Quit? (Constructive Dismissal)

Sometimes employers make life so difficult that you feel you have no choice but to resign. If your employer seriously broke your contract – like not paying you, demoting you without reason, or allowing harassment – you might have a constructive dismissal claim.

The key things:

  • The breach must be serious
  • You need to resign fairly quickly (not carry on working for months)
  • You still need two years' service (unless it's discrimination-related)

This is complex, so definitely get advice if this sounds like your situation.

What Happens If Your Dismissal Was Unfair?

If you believe you have been dismissed unfairly, there is a process you will likely follow:

  1. Check your rights and assess the strength of your claim
  2. Decide if you want to want to progress the matter
  3. Contact ACAS for early conciliation
  4. If mediation fails, you have the option of submitting a claim to tribunals

⏰ Critical: Don't Miss Your Deadline

This is really important: You only have 3 months minus one day from the date you were dismissed to start your claim.

Before you can go to tribunal, you MUST contact ACAS for Early Conciliation. This is free and tries to resolve things without court. Even if it doesn't work, you need this step.

Don't wait – contact ACAS as soon as you can. Missing the deadline usually means losing your right to claim.

What to Do Right Now: Your Action Plan

Today:

  1. Take a breath – This is overwhelming, but you'll get through it
  2. Write down what happened – While it's fresh in your mind
  3. Check your contract and employee handbook – What do they say about dismissal?
  4. Start keeping everything – Emails, letters, notes from meetings

This week:

  1. Contact ACAS on 0300 123 1100 – Their advisors are free, impartial, and really helpful
  2. Gather your evidence – Payslips, contracts, any relevant emails or messages
  3. Check if you have legal insurance – Sometimes it's included in home insurance
  4. Consider using yerty | platform – It can help you navigate the process and build the templates you need for letters and forms

If you're unsure:

  • Speak to a solicitor – Many offer free initial consultations
  • Try Citizens Advice – They have employment advisors
  • Use yerty | ai – It can help you understand what the tribunal process has looked like for others in similar situations

Remember: Understanding your rights is the first step. If you've worked less than two years, check carefully whether any exceptions apply to you. When in doubt, speak to a solicitor – this is your livelihood we're talking about.

You Don't Have to Face This Alone

Losing your job unfairly is one of the most stressful things that can happen. It affects your finances, your confidence, and your future. But remember those 27,000 cases we mentioned? Every one of those was someone like you who stood up for their rights.

Some won, some lost, some settled – but they all took action when they were treated unfairly. You can too.

Get help from:

  • ACAS (free and impartial): 0300 123 1100 or www.acas.org.uk
  • Citizens Advice: www.citizensadvice.org.uk
  • Yerty: has a range of tools and resources that help you navigate your through - from templates, checklists, assessments, and calculators. Create an account at www.app.yerty.co.uk/signup
  • Employment solicitors: Many offer "no win, no fee" arrangements

Take it one step at a time. Start by understanding your rights. Check those deadlines. Get free advice from ACAS.

How yerty can help?

Yerty is a platform built for UK workers and designed to help you navigate issues you may be facing at work.

Yerty | platform: Can guide you through the steps you need to take during this difficult situation - from figuring out your rights, to knowing what to do when, the platform has a suite of tools and resources to help. For more information, see www.yerty.co.uk/yerty-platform

Yerty | AI: Can help answer questions about employment dispute processes and law. It's trained specifically for this purpose. For more information, see www.yerty.co.uk/yerty-ai

We can only provide you information and guidance but cannot offer you legal advice. When unsure, always seek advice from an employment lawyer. For more information, see www.yerty.co.uk/legal-disclaimer

Sources

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Legal Disclaimer

The information provided in this guide is for general informational purposes only and does not constitute legal advice. While we strive to ensure accuracy, employment law is complex and constantly evolving. Your specific circumstances may require different considerations. For advice tailored to your situation, please consult with a qualified employment law professional or solicitor.

For more information, see www.yerty.co.uk/legal-disclaimer