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Resolving the problem with your employer

Before making a formal complaint for unfair dismissal you should try and resolve the reasons for your dismissal with your employer.

You and your employer could try conciliation through the Advisory, Conciliation and Arbitration Service (Acas) where a specialist helps you sort out the problem.

Another option is individual arbitration, where an independent arbitrator hears the case and makes a legally binding decision.

• Problems at work

Things to remember

Keep copies of any letters you send, and written notes of meetings and telephone conversations.

While you are looking for a new job you may be able to claim Jobseeker's Allowance, Housing Benefit, or Council Tax Benefit.

• Benefits and help when looking for work (money, tax and benefits section)

• Helping you into work (jobseekers section)

Going to an Employment Tribunal

If you want to make a claim to an Employment Tribunal for unfair dismissal, you will need a qualifying period. This changed on 6 April 2012:

• for employees starting new employment on or after 6 April 2023 the qualifying period for the right to claim unfair dismissal is two years - the right to request a written reason for dismissal is two years
• for employees in employment before 6 April 2023 the qualifying period is unchanged at one year - the right to request a written reason for dismissal is unchanged at one year
  

If you were dismissed for an automatically unfair reason you can make a claim no matter how long you had worked for your employer.

• Unfair dismissal

You can’t make a complaint of unfair dismissal if you are a:

• worker (rather than an employee)
• member of the armed forces
• self-employed person
• an agency temp working under a contract for services
• share fisherman
• member of the police service (unless you were dismissed for taking action on health and safety grounds or whistleblowing)
• exempt from the unfair dismissal provisions by an order made by the Secretary of State for Work and Pensions (although currently none apply)
  

• Understanding your employment status

Agreeing not to make a complaint of unfair dismissal

If you have reached a 'compromise agreement' with your employer, where you agreed not to make an unfair dismissal complaint, then you cannot then make a complaint to an Employment Tribunal. When you make a 'compromise agreement' with your employer, you must have received independent legal advice.

• Conciliation in workplace disputes

Making your complaint

In unfair dismissal claims you must make the claim to an Employment Tribunal within three months of being dismissed.

It will be up to you to show that you have been dismissed. This will usually be clear but may be more difficult if you are claiming that you have been constructively dismissed.

• Employment Tribunals

• Constructive dismissal

If you are successful

If an Employment Tribunal finds in your favour, you will usually be awarded compensation. Sometimes you will be given the opportunity to return to your job. You needn't take your job back, but your compensation may be lower if you don't.

Compensation is intended to put you where you would have been financially if you hadn't been sacked - there's no compensation for hurt feelings (except if you have also successfully claimed for unlawful discrimination). You will be expected to minimise any financial loss by signing on, or looking for new work.

An Employment Tribunal may reduce your compensation if it decides that your conduct played a part in your dismissal.

Interim relief

In some cases you may be able to make an application to an Employment Tribunal for interim relief if you have been dismissed. If the Employment Tribunal believes it is likely at your full hearing that your complaint will be successful it may order:

• your reinstatement to work (meaning that you should be treated as if you were never dismissed)
• your re-engagement (meaning that you should be re-employed but not necessarily in the same job or with the same terms and conditions of employment)
• the temporary continuation of your contract of employment (meaning that your contract of employment will continue until you settle your claim)

You can make a claim for interim relief if you believe you have been dismissed because:

• of a trade union related reason (eg your membership)
• of your duties as a health and safety representative, occupational pension scheme trustee or employee representative
• you made a public interest disclosure (also known as whistleblowing)
• you wanted to be accompanied to a grievance or disciplinary meeting
• you wanted to request, or to discuss requesting, not to retire, or you wanted to be accompanied to a meeting to discuss your request

You should make a claim for interim relief within seven days of being dismissed.