Unfair dismissal: eligibility and how to claim

If you have just lost your job, your first move is to save the dismissal letter and write down the date your employment ended. You may have a right to challenge the decision, even if you were dismissed after a shift, on a zero-hours contract or during probation. Check the deadline today: waiting for an appeal can cost you the claim.

Who can claim unfair dismissal?

Unfair dismissal is a statutory claim under Part X of the Employment Rights Act 1996. It is different from wrongful dismissal, which concerns breach of contract, often unpaid notice. A wrongful-dismissal claim has no qualifying service requirement, but you must show a contractual entitlement.

Only employees can normally claim unfair dismissal. Workers and the genuinely self-employed cannot use the ordinary unfair-dismissal route, however long they have worked there. The label on your contract is not decisive. Read Am I an employee, worker or self-employed? if your status is disputed.

Special exclusions affect groups including the armed forces, police officers and share fishermen. Unofficial industrial action can also prevent an unfair-dismissal claim, subject to statutory exceptions. If any of these applies, get advice rather than assuming the ordinary rules cover you. GOV.UK lists eligibility restrictions.

A valid settlement agreement or an Acas COT3 can prevent you bringing the claims it settles. It does not necessarily waive every possible claim. Check the wording and get advice before agreeing terms.

The qualifying period and continuous service

In England, Wales and Scotland, the usual requirement on 1 October 2026 is 2 years’ continuous employment ending with the effective date of termination, often shortened to EDT. This is the rule in section 108. For dismissals with an EDT on or after 1 January 2027, the threshold is scheduled to become 6 months.

If you work your notice, the EDT is normally the day that notice expires. If your employer terminates employment immediately, it is normally the date termination takes effect. Payment in lieu of notice does not itself keep your employment running.

There is a separate statutory-notice rule. Under section 97, notice your employer should have given can count towards qualifying service and the basic award. It does not extend the tribunal claim deadline. If you are dismissed just short of 2 years, get advice on both calculations and work from the earlier deadline.

Part-time service counts, as do sickness absence and statutory family leave while employment continues. A gap without a contract can break continuity, but temporary cessations of work and other statutory exceptions can preserve it. Industrial action has special counting rules. A TUPE transfer normally preserves service, as can a move between associated employers.

For agency work, first identify whether you are an employee and who employs you. Repeated assignments for one hirer do not, by themselves, establish continuous employment with that hirer. Our guides cover agency workers, zero-hours contracts and fixed-term contracts.

Automatically unfair reasons and day-one rights

For many automatically unfair reasons, there is no qualifying service requirement. But you still need to show that the protected reason caused the dismissal. Calling a dismissal “whistleblowing” does not establish that you made a protected disclosure or that it was the reason you lost your job.

The following are common grounds listed by Acas and GOV.UK. Each has legal conditions. Protection does not depend simply on using the words in the table.

Since 6 April 2026, whistleblowing law expressly covers qualifying disclosures about sexual harassment. The other requirements for a protected disclosure still apply. Read What protection do whistleblowers have? for the distinction between a protected disclosure and a personal grievance.

Not every automatically unfair dismissal is a day-one claim. A dismissal because of a TUPE transfer can be automatically unfair, but the usual qualifying period still generally applies. An economic, technical or organisational reason involving changes in the workforce can change the analysis. Political opinions or affiliation are different again. Section 108 removes the service requirement, but does not make the dismissal automatically unfair. Dismissals connected with reserve-force membership also have a service exemption.

Discrimination is a separate legal claim, not a general category of automatically unfair dismissal. You do not need 2 years’ service to challenge a discriminatory dismissal. With enough service, you may also claim ordinary unfair dismissal; some cases, such as dismissal because of pregnancy, overlap with an automatically unfair ground. See How to make a discrimination complaint at work.

What the employer must prove instead

For ordinary unfair dismissal, your employer must show the reason, or principal reason, for dismissal and that it is potentially fair under section 98. The tribunal then decides whether the employer acted reasonably in treating it as sufficient to dismiss you. It considers the circumstances, including the employer’s size and resources. It does not simply substitute its own preferred decision.

The five potentially fair reasons are capability or qualifications, conduct, redundancy, a statutory restriction that prevents you doing the job, and some other substantial reason. The last category can cover matters such as a genuine business reorganisation, but it is not permission to dismiss for any reason. Read Can my employer dismiss me without warning? for the process expected.

A genuine misconduct allegation does not excuse a poor investigation or a predetermined decision. You should normally have a chance to answer the allegation and appeal. The Acas Code applies to disciplinary and grievance cases, not every type of dismissal. An unreasonable failure to follow it can increase or reduce a relevant award by up to 25%. It does not apply to redundancy dismissals or the non-renewal of a fixed-term contract on expiry. See What makes a disciplinary procedure fair?.

Deadlines and the October 2026 change

For an unfair dismissal taking effect on or after 1 October 2026, the usual tribunal time limit in Great Britain is 6 months minus a day. For dismissals taking effect before that date, it remains 3 months minus a day. These are the starting limits before the adjustment for timely early conciliation. Acas confirms the change and how to count the dates.

What Acas early conciliation changes

You normally have to notify Acas before bringing a tribunal claim. You do not have to agree to conciliate, and your employer cannot be forced to settle. If you notify Acas within the original time limit, early conciliation pauses the clock. Late notification does not revive an expired claim.

Under section 207B, the period from the day after notification through the day you receive, or are treated as receiving, the certificate is left out of the calculation. A further rule gives at least one month after that certificate date where applicable. Keep both dates and calculate the adjusted ET1 deadline. You do not get a fresh 6 months from the certificate.

The urgent exception: interim relief

For limited grounds, including certain whistleblowing and trade union dismissals, you can ask the tribunal for interim relief. This can preserve pay pending the case. The application must reach the tribunal within 7 days of the effective date of termination. A claim including an interim-relief application is exempt from the usual early-conciliation requirement. Get specialist advice immediately; do not let the ordinary 6-month limit distract you from this deadline.

Scotland has the same unfair-dismissal deadline as England and Wales. The later change on 9 November 2026 concerns tribunal breach-of-contract claims in Scotland, not unfair dismissal.

How to claim, step by step

Do not leave filing until the last day. A tribunal can accept a late unfair-dismissal claim only if it was not reasonably practicable to present it in time and you then acted within a further reasonable period. Do not plan on receiving an extension.

1. Record the dismissal and appeal. Keep the dismissal letter, your contract, start date, notice arrangements and written reasons. Appeal within your employer’s deadline, setting out what you say was wrong. You can start preparing and notify Acas while serving notice.
2. Notify Acas before time expires. Use the correct employer name. Explain the dispute and consider what settlement you would accept. Early conciliation is free. If you settle, check the payment terms, reference and claims being waived.
3. Submit the ET1. If the dispute remains unresolved, use the certificate number to present your claim before the adjusted deadline. Explain the facts and identify each claim you are bringing. There are exceptions to the certificate requirement, including claims accompanied by an interim-relief application.
4. Prepare for the tribunal. Follow its orders and hearing dates. Preserve relevant emails, meeting notes, warnings and witness details. Keep records of job applications, new earnings and benefits to support your loss calculation. Use only documents you can lawfully retain.

If you are exhausted after a shift, start with three things: photograph or save the dismissal message, note the date and who made the decision, then send a short written appeal before your employer’s deadline. Ask your union for help if you belong to one: UNISON for care and health, USDAW for retail, Unite or GMB for hospitality and logistics, or IWGB for many delivery workers. Acas early conciliation is free. Citizens Advice and local law centres can help you find advice. Do not wait for any reply before protecting the tribunal deadline.

There is no fee to submit an employment tribunal claim. Advice or representation may cost money, and costs orders are possible in some circumstances. Check whether your union or legal-expenses insurance can help. Our guide to bringing an employment tribunal claim covers the form, preparation and hearings.

If the dismissal followed unpaid minimum-wage hours or unlawful deductions, report suspected minimum-wage underpayment to HMRC. For labour exploitation in covered sectors, contact the GLAA; report workplace safety risks to the HSE. If discrimination is involved, the EHRC explains the equality route. These routes do not replace notifying Acas or meeting your tribunal deadline. Wage theft is wage theft; employers benefit when workers are too tired, isolated or afraid to challenge it.

What you could get

If you win, the tribunal can order reinstatement to your old job or re-engagement in another suitable job. If it awards compensation, there are normally two parts. They are calculated differently.

The basic award

The basic award uses completed years of service, age during those years and a week’s pay. For each qualifying year, the multiplier is half a week if you were under 22, one week from age 22 to 40, and one-and-a-half weeks from age 41. Only the most recent 20 years count. For dismissals taking effect on or after 6 April 2026, a week’s pay is capped at £751 in Great Britain, giving a standard maximum of £22,530. The rates come from the Increase of Limits Order 2026.

Some representative and trade union grounds attract a statutory minimum basic award of £9,157 before reductions. This is not a minimum for every automatically unfair dismissal, and whistleblowing alone does not attract it. Section 120 specifies the Employment Rights Act grounds. Redundancy pay already received can reduce the basic award; you do not receive both in full for the same dismissal.

The compensatory award

This covers financial loss caused by the unfair dismissal, such as lost net earnings and benefits. It is not a payment for distress. You must take reasonable steps to reduce your losses, usually by looking for work. New earnings and payments already received affect the calculation. An award can also be reduced for contributory conduct or because a fair process would have led to dismissal anyway.

For ordinary unfair dismissals taking effect on or after 6 April 2026, the usual cap is the lower of £123,543 or 52 weeks’ gross pay. The £751 weekly cap used for the basic award does not apply to this salary calculation. Under section 124, whistleblowing and qualifying health-and-safety dismissals are already exempt from the compensatory cap. Discrimination compensation is also uncapped under its separate rules and can include injury to feelings.

Both the cash ceiling and the 52-week ceiling are scheduled to be removed for dismissals with an EDT on or after 1 January 2027. That change concerns the compensatory award. The basic-award calculation remains separate.

Tax on a payment

The first £30,000 of qualifying termination payments can be free of income tax. Wages, accrued holiday pay and notice pay are taxable earnings, with the relevant National Insurance treatment. For example, if £45,000 qualifies for the termination-payment exemption, £30,000 is exempt and £15,000 is taxable. A separate £8,000 of wages, holiday and notice pay does not use that exemption. Do not assume everything labelled “compensation” is tax-free. See GOV.UK on termination payments and final pay entitlement.

Scotland and Northern Ireland

England, Wales and Scotland share the unfair-dismissal regime described above. Northern Ireland has separate legislation, the Employment Rights (Northern Ireland) Order 1996, and claims go to an industrial tribunal. Early conciliation is through the Labour Relations Agency, not Acas.

The ordinary qualifying period in Northern Ireland is 1 year, under Article 140. Its usual unfair-dismissal deadline remains 3 months minus a day from the EDT, subject to the early-conciliation adjustment in Article 145. An employment ending without notice on 15 October 2026 therefore has an unadjusted deadline of 14 January 2027, not Great Britain’s 14 April.

From 6 April 2026, Northern Ireland’s week’s-pay cap is £783 and its compensatory cap is £123,785, under the Northern Ireland Increase of Limits Order. It also has a statutory minimum dismissal procedure. Do not apply Great Britain’s January service reform to a Northern Ireland claim. Contact the Labour Relations Agency promptly to confirm your adjusted deadline. See nidirect’s unfair-dismissal guidance and our Northern Ireland comparison.

What is in force and what changes next?

The government’s implementation timetable separates reforms already in force from future measures. For this guide, the position is the law as at 1 October 2026.

1. 18 February 2026In force: stronger industrial-action dismissal protection

   The former 12-week limit on protection for taking protected industrial action in Great Britain was removed. Unofficial action remains subject to different rules.

2. 6 April 2026In force: updated limits and family rights

   The GB week’s-pay cap became £751 and the usual compensatory cash cap £123,543. Paternity and unpaid parental leave became day-one leave rights. Whistleblowing protection expressly covers qualifying sexual-harassment disclosures.

3. 1 October 2026In force: longer tribunal time limits

   The usual unfair-dismissal limit became 6 months minus a day for dismissals taking effect from this date. Earlier dismissals keep the previous starting limit.

4. 1 January 2027Scheduled: shorter qualifying period and removal of the compensatory cap

   For EDTs from this date, qualifying service is due to fall to 6 months and both compensatory ceilings are due to disappear. The ordinary written-reasons threshold is also due to fall to 6 months.

Questions people ask

Can you claim with under 2 years’ service?

You may have an automatically unfair-dismissal claim with no minimum service if the protected reason caused your dismissal. Political-opinion and reserve-force cases also have service exemptions. Discrimination is a separate claim with no qualifying period. An ordinary unfair-dismissal claim usually needs 2 years in Great Britain on this guide’s review date.

Does Acas early conciliation extend your deadline?

Yes, if you notify Acas within the original time limit. The clock is paused and the certificate date affects the deadline for your ET1. The statutory rules can give at least one month after receipt of the certificate, but not a fresh 6 months. Record the notification and certificate dates and get the calculation checked if you are unsure.

Do you have rights during probation?

Probation does not remove statutory rights. You may have a discrimination claim or an automatically unfair-dismissal claim without qualifying service. Contractual notice can also be enforceable; statutory notice normally requires one month’s employment. Ordinary unfair dismissal still needs qualifying service. See probation rights.

Can an expired fixed-term contract count as dismissal?

Yes. A fixed-term contract ending without renewal can count as dismissal. You still need the relevant qualifying service unless an exemption applies. Calling the event a “contract expiry” does not avoid unfair-dismissal law. See fixed-term contract rights.

What if you already signed a settlement agreement?

A valid agreement can prevent claims covered by its terms. For the statutory settlement-agreement exception, you must have received advice from a qualifying independent adviser, alongside the other legal requirements. Acas COT3 settlements use a different route. Read Settlement agreements: should I sign? before accepting terms.

Can you be dismissed while on sick leave or working remotely?

Yes. Those circumstances do not make dismissal automatically unlawful. The employer must still comply with applicable unfair-dismissal, discrimination and contractual rules. See dismissal because of illness and dismissal while working remotely.

Sources

1. Employment Rights Act 1996, Part X, legislation.gov.uk
2. Section 97: effective date of termination, legislation.gov.uk
3. Section 108: qualifying service and exemptions, legislation.gov.uk
4. Section 120: minimum basic awards for specified grounds, legislation.gov.uk
5. Section 124: compensatory limits and exceptions, legislation.gov.uk
6. Section 207B: early-conciliation time-limit adjustment, legislation.gov.uk
7. Employment Rights Act 2025, section 25, legislation.gov.uk
8. Employment Rights Act 2025, Commencement No. 4 Regulations 2026, legislation.gov.uk
9. Employment Rights, Increase of Limits Order 2026, legislation.gov.uk
10. Unfair dismissal, Acas
11. Employment tribunal time limits, updated 1 October 2026, Acas
12. Code of Practice on disciplinary and grievance procedures, Acas
13. Eligibility to claim unfair dismissal, GOV.UK
14. Dismissal: unfair and constructive dismissal, GOV.UK
15. Plan to Make Work Pay and Employment Rights Act timeline, updated 25 September 2026, GOV.UK
16. Northern Ireland Order, Article 140: qualifying service, legislation.gov.uk
17. Northern Ireland Order, Article 145: tribunal claim deadline, legislation.gov.uk
18. Employment Rights, Increase of Limits Order, Northern Ireland 2026, legislation.gov.uk
19. Unfair dismissal, nidirect
20. Tax on termination payments, GOV.UK
21. Impact assessment: Day 1 unfair dismissal rights, Department for Business and Trade, 21 October 2024
22. Tribunal Statistics Quarterly: October to December 2025, Ministry of Justice