How to make an unfair dismissal claim (and win)

Most people think getting fired means game over. They’re wrong. Every year, thousands of employees successfully challenge their dismissals and win substantial compensation; but only those who understand the system’s hidden rules. The difference between a winning unfair dismissal claim and a devastating loss isn’t just about having a good case; it’s about knowing exactly when to strike, what evidence employment tribunals actually care about, and how to avoid the fatal mistakes that destroy even strong claims. Given the unforgiving three-month deadline, seeking employment law consultation is indispensable.

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Your 4-step action plan: From dismissal to success

Making an unfair dismissal claim requires precision, speed, and strategy. This essential roadmap guides you to success:

• Is your dismissal actually unfair? You need evidence of procedural failures like ignored company policies, inadequate investigations, or dismissal during protected periods. Simply disagreeing with your employer’s decision isn’t enough. Focus on proving they broke their own rules or acted outside the range of reasonable responses.
• Beat the 3-month deadline: The unfair dismissal claim time limit is ruthlessly enforced; three months from your effective date of termination with no extensions. Calculate your exact deadline and diary it, as unfair dismissal tribunal judges throw out even strong cases that are one day late.
• Navigate ACAS early conciliation: Unfair dismissal ACAS contact is mandatory before any tribunal claim. This free service provides your essential certificate number, pauses your deadline clock, and often reveals your employer’s settlement appetite without any obligation to accept offers.
• Gather winning evidence: To unfair dismissal prove your case, collect your employment contract, disciplinary records, email chains, and witness statements. Contemporary documents showing procedural failures beat emotional arguments every time in unfair dismissal tribunal proceedings.

Filing your claim: Making it official

Once you have your ACAS certificate, submitting your ET1 form to the unfair dismissal tribunal launches formal legal proceedings that will determine your case outcome:

• Get the basics right: Include your ACAS certificate number, employer’s exact legal name, your employment history, and specific unfair dismissal claim grounds. Missing any essential information can delay or invalidate your application entirely.
• Master the critical sections: Box 8.2 requires chronological description of events, specific company policy breaches, and why dismissal was unreasonable. Box 9 must clearly state whether you want compensation, reinstatement, or re-engagement as your remedy.
• Avoid filing errors: Vague allegations like “unfair treatment” destroy cases before they start. Wrong employer names, missing certificate numbers, and exceeding word limits trigger problems with tribunal administration.
• Prepare for what happens next: Your employer gets 28 days to file their ET3 response, tribunal sends case acknowledgment, and case management begins with procedural directions. Preliminary hearings may follow to resolve disputes.

Inside the tribunal: What really happens

Unfair dismissal tribunal hearings aren’t like TV courtrooms; they’re less formal but still intimidating without proper preparation for the legal battle ahead:

• Know your panel: One employment judge controls proceedings and asks most questions, while two lay members contribute practical employment experience. The judge makes final decisions but lay members influence outcomes through their workplace knowledge.
• Follow the hearing structure: You present your case first since burden of proof lies with you, give evidence under oath, face cross-examination, then call witnesses. Your employer presents their defense before both sides make closing arguments and the tribunal deliberates.
• Understand what judges focus on: Tribunals examine whether your employer followed their own disciplinary procedures, made decisions within the range of reasonable responses, conducted adequate investigations, and gave you fair opportunity to respond to allegations.
• Avoid common pitfalls: Getting emotional instead of sticking to facts destroys credibility, while arguing about fairness rather than legal tests misses the point. Poor witness preparation and weak cross-examination of employer witnesses frequently sink otherwise strong cases.

The money question: Costs, fees, and financial reality

There’s currently no unfair dismissal fee to submit your claim. Tribunal fees were abolished in 2017, making justice more accessible to ordinary workers:

• What’s completely free: No fees for submitting ET1 forms, ACAS early conciliation, basic tribunal hearings, or preliminary hearings. The government covers all tribunal administration costs to ensure access to justice regardless of financial circumstances.
• What you might pay: Legal representation costs £200-£600+ per hour, travel and accommodation for hearings, witness expenses for expert testimony, and rare adverse costs orders if you lose through unreasonable behaviour or vexatious claims.
• When costs hit you: Tribunals award costs against claimants who act unreasonably during proceedings, cause unnecessary delays, bring completely meritless cases, or unreasonably reject reasonable settlement offers from employers.
• Protection strategies available: Trade union legal support for members, legal expenses insurance through home/motor policies, conditional fee arrangements with solicitors, damages-based agreements with success fees, or self-representation for straightforward cases.

After the hearing: Victory or appeal

The unfair dismissal tribunal delivers its decision either immediately after hearing or reserves judgment for later, then the real consequences begin:

• If you win the case: Tribunal orders specific remedy (compensation, reinstatement, or re-engagement) with employers required to pay within 14 days. Unfair dismissal remedies typically range £5,000-£25,000, though settlement negotiations often continue even after winning to secure faster payment.
• If you lose completely: Employment Appeal Tribunal (EAT) appeals are available within 42 days but limited to points of law only, not fact disputes. Common grounds include procedural errors, misdirection on law, or perverse findings by the original tribunal.
• Alternative options available: Consider County court claims for breach of contract, unfair dismissal discrimination claims if protected characteristics were involved, or whistleblowing claims under different legislation that might still succeed despite tribunal loss.

How to win an unfair dismissal claim: The winning formula

How to win an unfair dismissal claim requires proving your employer broke their own rules or acted outside reasonable bounds. These five strategies dominate successful cases:

1. Prove they ignored their own disciplinary procedures. Use the company handbook to show exactly which steps were skipped or rushed during your dismissal process.
2. Demonstrate inadequate investigation. Show they reached conclusions without properly examining evidence or interviewing key witnesses before making dismissal decisions.
3. Highlight inconsistent treatment. Provide evidence of colleagues who received lighter sanctions for similar or worse conduct, proving unfair application of standards.
4. Document predetermined outcomes. Find emails or statements showing they decided to dismiss before completing proper process, revealing procedural sham.
5. Use their policies against them. Quote exact policy wording they failed to follow during your dismissal process, making their failures undeniable.

Do I need a solicitor to win an unfair dismissal claim?

Yes, you should get a solicitor for your unfair dismissal claim. The employment law system is complex and technical, requiring specialist expertise:

• Complex legal tests: Tribunals apply technical legal standards like “range of reasonable responses” and “procedural fairness” that have specific meanings in employment law requiring professional interpretation.
• Employer advantage: Your employer will likely have experienced HR professionals and employment lawyers who know exactly how to defend cases and exploit weaknesses in self-represented claims.
• Procedural traps everywhere: Missing deadlines, filing incorrect forms, or failing to follow case management orders can destroy strong cases instantly, while solicitors manage these requirements professionally.
• Settlement negotiations expertise: Lawyers know market rates for settlements and can negotiate terms that protect your interests beyond just money, often securing better outcomes than tribunal awards.

FAQs

• Can I claim unfair dismissal if I was on a zero-hours contract? Yes, if you’re classified as an employee (not worker) with two years’ service.
• What if my employer offers me a settlement after I’ve filed my tribunal claim? You can accept settlement at any stage, even after filing.
• Can I be dismissed for having a criminal conviction outside work? Generally yes, unless the conviction is unrelated to your job role.

Unfair dismissal claims require strategic thinking, meticulous preparation, and professional expertise. Success depends on proving procedural failures using employer’s own policies, acting within strict deadlines, and building compelling evidence that demonstrates unreasonable treatment.

Fight back against unfair dismissal!

Qredible’s network of specialist employment law solicitors has helped thousands win unfair dismissal claims and secure substantial compensation.

KEY TAKEAWAYS

• Contact ACAS for mandatory early conciliation first, then file your tribunal claim with proper evidence showing your employer broke their own disciplinary procedures.
• Winning cases prove employers didn’t follow company policies, conducted inadequate investigations, or made decisions outside the range of reasonable responses.
• Employment tribunals favour represented claimants, and specialist solicitors know how to build compelling cases and negotiate better settlements than self-representation typically achieves.