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What can I do if I've been unfairly dismissed?

For employees in England, Scotland and Wales who think they were dismissed unfairly.

Applies to: England, Scotland, Wales Last checked against official sources: 6 October 2026

A dismissal can be unfair if your employer did not have a good reason or did not follow a fair process.

  • You usually need 2 years' service to claim. For dismissals from 1 January 2027 this falls to 6 months.
  • Some reasons are automatically unfair, such as whistleblowing or asking for flexible working, whatever your length of service.
  • You must contact Acas for early conciliation before going to a tribunal.
  • For dismissals on or after 1 October 2026 the time limit is 6 months less 1 day. It was 3 months before then.
  • Making a tribunal claim is free.

Different in Northern Ireland

  • You usually need 1 year's service and must claim within 3 months.

Different in Scotland, Wales or Northern Ireland

Rules may be different in:

  • Northern Ireland: Check nidirect for Northern Ireland

Key facts

  • Usually 2 years' service (6 months from 2027)
  • Time limit now 6 months less 1 day
  • Contact Acas first
  • No fee to claim

Deadlines come first

If you were dismissed on or after 1 October 2026, you usually have 6 months less 1 day from the date your job ended to contact Acas.

If you were dismissed before 1 October 2026, the old limit of 3 months applies.

The clock pauses while Acas early conciliation is going on.

Can you claim?

You can usually claim unfair dismissal if you are an employee and you have worked for your employer for at least 2 years. For dismissals from 1 January 2027, this falls to 6 months. The cap on the compensatory award is also being removed from that date.

You do not need any length of service if the reason is automatically unfair. Examples include dismissing you for:

  • asking for flexible working
  • refusing to give up working time rights, such as rest breaks
  • trade union membership
  • jury service
  • maternity, paternity or adoption leave
  • whistleblowing (reporting wrongdoing at work)

What makes a dismissal unfair

A dismissal can be unfair if your employer:

  • did not have a good reason, or
  • did not follow its own disciplinary or dismissal process.

Fair reasons can include not being able to do the job, redundancy, gross misconduct and a long-term illness that makes the job impossible. Even then, the employer must act fairly.

Constructive dismissal is when you resign because your employer's conduct left you no real choice, for example not paying you, demoting you without reason, or letting you be bullied. Leave promptly, because staying on may look like you accepted it.

Steps to take

  1. Write down what happened, with dates, and keep letters, emails and payslips.
  2. Appeal using your employer's procedure if there is one.
  3. Contact Acas to start early conciliation. This is free and must happen before a tribunal claim.
  4. If it is not settled, Acas gives you an early conciliation certificate number.
  5. Make your claim online (form ET1), or by post. There is no fee.

What to include in your claim

  • your Acas certificate number
  • your employer's correct name and address
  • your start and end dates and pay
  • why you think the dismissal was unfair, in date order

Free help

  • Acas, for free advice and early conciliation
  • Citizens Advice
  • your trade union, if you are a member

If you miss the deadline

A tribunal can only accept a late claim in limited cases. If you are close to the limit, contact Acas straight away.

If you live in Scotland, Wales or Northern Ireland

The rules above apply in England, Scotland and Wales. Postal claims from Scotland go to a separate Glasgow address. In Northern Ireland you usually need 1 year's service, you claim to an industrial tribunal within 3 months of dismissal, and the Labour Relations Agency handles early conciliation. The 2026 and 2027 changes do not apply there.

Related guides

Where this comes from

Get it done

This takes you to the official service, which is free to use.

Make an employment tribunal claim

Common questions

How long do I have to claim unfair dismissal?

If you were dismissed on or after 1 October 2026, you usually have 6 months less 1 day to contact Acas. Before that date the limit was 3 months.

Can I claim unfair dismissal with less than 2 years' service?

Yes, if the reason is automatically unfair, such as whistleblowing or taking maternity leave. From 1 January 2027 the normal qualifying period becomes 6 months.

Does it cost money to go to an employment tribunal?

No. There is no fee to make a claim.

Official sources

  1. 1.Dismissal: unfair and constructive dismissal (GOV.UK)www.gov.uk/dismissal/unfair-and-constructive-dismissal
  2. 2.Unfair dismissal rights: employment changes (business.gov.uk)www.business.gov.uk/campaign/employment-changes/employee/unfair-dismissal-rights/
  3. 3.Plan to Make Work Pay and Employment Rights Act: timeline update (GOV.UK)www.gov.uk/government/publications/implementing-the-plan-to-make-work-pay-and-employment-rights-act/plan-to-make-work-pay-and-employment-rights-act-timeline-update
  4. 4.Employment tribunals (GOV.UK)www.gov.uk/employment-tribunals
  5. 5.Employment Rights Act 2025 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2026www.legislation.gov.uk/uksi/2026/954/made
  6. 6.Employment tribunals: make a claim (GOV.UK)www.gov.uk/employment-tribunals/make-a-claim
  7. 7.What to do if you are unfairly dismissed (nidirect)www.nidirect.gov.uk/articles/what-do-if-you-are-unfairly-dismissed

Checked against GOV.UK on 6 October 2026

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