Am I eligible to claim unfair dismissal?

Losing your job can feel like a bolt from the blue. Yet, not every dismissal is lawful: under UK law, unfair dismissal occurs when an employer ends a contract without a valid reason or fails to follow a fair procedure. In what is often a confusing and stressful situation, knowing when you have grounds to challenge your dismissal can make all the difference. To safeguard your case and effectively assert your rights, the support of an unfair dismissal solicitor is a valuable, and often essential, asset.

KEY TAKEAWAY: How can I know if I’m eligible to challenge an unfair dismissal and effectively assert my rights?

If you meet certain criteria regarding your length of service, contractual status, and act within the legal time limits, you are likely to have grounds to contest your dismissal.

Keep reading to understand your rights in detail, the steps to take, and the key points to check before taking action.

Do you need a solicitor?

We will connect you with the right solicitor, near you.

Find a solicitor near me Request a call

What are the key elements that make a dismissal unfair?

Several essential factors determine whether a dismissal is unfair, including the reasons given, the procedure followed, unfair dismissal work conditions, and specific employee protections.

Genuine and substantial reasons

The employer must provide a genuine, substantial, and objective reason for the dismissal. This could include conduct issues, capability problems, redundancy, statutory restriction, or some other substantial reason. If the reason given is unfounded, false, or unproven, the dismissal may be deemed unfair.

Proper procedure followed

Following the correct legal procedure is mandatory: the employer must invite the employee to a disciplinary meeting, conduct reasonable investigations, respect legal timeframes, and provide written notification of the dismissal decision. Any failure to comply can render the dismissal unfair or invalid.

Unfair dismissal work conditions

Dismissals linked to harassment, discrimination, or significant deterioration of working conditions may be classified as unfair. For example, dismissing an employee for reporting harassment, or on grounds of discriminatory factors (age, gender, disability, etc.), is automatically unfair.

Specific protections

Certain categories of employees enjoy enhanced protections, including:

• Trade union representatives and health and safety representatives.
• Pregnant employees, whose dismissal is strictly regulated.
• Employees on maternity, paternity, or parental leave.
• Employees who have made protected disclosures (whistleblowing).

Those asserting statutory rights.

What are the conditions to claim unfair dismissal?

To challenge an unfair dismissal, several essential criteria must be considered. These conditions relate to your contractual status, unfair dismissal years of service, unfair dismissal time limit, and the circumstances surrounding the dismissal.

Contractual status

Your type of employment contract largely determines your rights:

• Permanent contract: This status offers the most comprehensive protection against unfair dismissal. You can contest the dismissal if either the procedure or the reason is invalid, subject to service requirements.
• Fixed-term contract: Early termination of a fixed-term contract without valid reason may constitute unfair dismissal, following the same rules as permanent employees.
• Unfair dismissal probation period: During this period, your rights are more limited under the unfair dismissal 2 years rule, but you can still claim for automatically unfair reasons or discrimination.
• Oart-time and temporary workers: hese employees also benefit from protections under the same criteria as full-time permanent staff.

Unfair dismissal years of service requirements

The unfair dismissal years of service requirement is often a key factor in determining eligibility:

• The unfair dismissal 2 years rule: You typically need at least two years’continuous service with the same employer to claim ordinary unfair dismissal. This unfair dismissal period begins from your start date and must be unbroken.
• Exceptions to the 2-year rule: Even without meeting the unfair dismissal years of service requirement, certain reasons make dismissal automatically unfair (discrimination, harassment, asserting statutory rights, etc.).
• Proof of service: Employment contracts, payslips, or P45/P60 documents can demonstrate your unfair dismissal period of employment.

Unfair dismissal day one rights

Some protections apply from your first day of employment, known as unfair dismissal day one rights:

Automatically unfair dismissals

These unfair dismissal day one rights protect employees regardless of service length for:

• Discrimination complaints.
• Pregnancy and maternity issues.
• Health and safety concerns.
• Whistleblowing activities.
• Trade union membership or activities.
• Requesting flexible working.
• Taking statutory leave.

Unfair dismissal time limit and unfair dismissal time to claim

Respecting legal deadlines is essential to assert your rights:

• Standard unfair dismissal time limit: You have three months minus one day from the effective date of termination to present a claim to an Employment Tribunal. This unfair dismissal time to claim is strictly enforced.
• ACAS Early Conciliation: Before submitting a tribunal claim, you must contact ACAS for early conciliation. This can extend the unfair dismissal time limit during the conciliation period.
• Exceptional circumstances: The tribunal may extend the unfair dismissal time to claim only in very limited circumstances where it wasn’t reasonably practicable to claim in time.

What steps should I follow to claim unfair dismissal?

Challenging an unfair dismissal requires following several precise steps. Below is a practical guide to help you through the process:

1. Check your eligibility

Before taking any action, make sure you meet the conditions to challenge the dismissal:

• Contract type (permanent, fixed-term, probationary period).
• Required unfair dismissal years of service (the unfair dismissal 2 years rule for ordinary claims).
• Compliance with the unfair dismissal time limit.
• Assess if unfair dismissal day one rights apply to your situation.

2. Gather evidence

Building a strong case is essential:

• Employment contract proving the nature and duration of employment.
• Payslips demonstrating your unfair dismissal period of service.
• Dismissal letter detailing reasons and notification date.
• Email correspondence with your employer or HR.
• Witness statements from colleagues.
• Records of meetings and significant events.

3. Initiate ACAS early conciliation

Before filing a claim, you must go through conciliation:

• Contact ACAS Early Conciliation within the unfair dismissal time to claim.
• This step is mandatory and can extend your claim deadline.
• ACAS will attempt to reach an amicable settlement.

4. Submit your Employment Tribunal claim

If conciliation fails:

• File your ET1 claim form with the Employment Tribunal.
• Ensure submission within the unfair dismissal time limit.
• Include all relevant evidence and clear grounds for your claim.

5. Prepare for the tribunal hearing

To maximise your chances:

• Organise evidence chronologically.
• Prepare witness statements.
• Consider legal representation.
• Review tribunal procedures and what to expect.

6. Attend the tribunal and follow the decision

Depending on the outcome:

• You may receive financial compensation.
• The tribunal may order reinstatement or re-engagement.
• Consider appeal options if unsuccessful.

FAQs

• Can I claim if I’m still employed but facing disciplinary action? No, you can only claim unfair dismissal after you’ve actually been dismissed.
• What if my employer dismisses me for poor performance without warnings? If you have the required unfair dismissal years of service, dismissal without proper warnings or improvement plans may be procedurally unfair.
• Can I work elsewhere while my unfair dismissal claim is ongoing? Yes, you should actively seek new employment. Any earnings will be offset against compensation, but failing to look for work can reduce your award.

Challenging an unfair dismissal requires a clear understanding of your rights and strict adherence to legal procedures. The unfair dismissal 2 years rule, unfair dismissal time limit, and unfair dismissal work conditions all play crucial roles in determining eligibility.

Unsure if you can claim unfair dismissal?

Get expert advice from Qredible’s network of employment solicitors to assess your eligibility and secure the compensation you deserve.

KEY TAKEAWAYS

• The unfair dismissal years of service requirement is typically two years for ordinary claims.
• Unfair dismissal day one rights protect against automatically unfair dismissals regardless of service.
• The unfair dismissal time to claim is strictly three months minus one day.
• Unfair dismissal work conditions can strengthen your case.
• Specialist legal advice significantly improves your chances of success.