Unfair Dismissal: Your Rights and How to Challenge It

Losing your job can be a devastating experience, especially when you believe the decision to dismiss you was unfair. If you’ve been let go and suspect your employer didn’t follow the proper process, you might have grounds to challenge your dismissal under UK employment law. Here’s what you need to know about your rights and how to take action.

What Is Unfair Dismissal?

In the UK, an unfair dismissal occurs when your employer terminates your employment without a fair reason or if they fail to follow a fair and documented procedure in line with UK law in doing so. Common fair reasons for dismissal include:

• Misconduct
• Capability or performance issues
• Redundancy
• Breach of statutory duty
• Some other substantial reason (e.g., company restructure)

If your employer cannot demonstrate one of these reasons and prove they followed a fair and reasonable procedure, your dismissal may be considered unfair.

Do I Have the Right to Claim?

To bring a claim for unfair dismissal, you usually need to have:

• Been legally classed as an employee (not a self-employed contractor)
• Worked for your employer for at least two continuous years at the point of dismissal

Some exceptions apply, though. You can challenge a dismissal regardless of how long you've worked there if your dismissal was for a reason automatically considered unfair, such as:

• Pregnancy or maternity-related reasons
• Whistleblowing
• Discrimination
• Requesting flexible working
• Joining or refusing to join a trade union
• Health and safety concerns

What to Do If You Think You’ve Been Unfairly Dismissed

Here’s a step-by-step outline of the process to follow if you think your dismissal was unfair:

1. Request a Written Reason for Your Dismissal

If you haven’t already been given one, ask your employer for a written explanation. If you've worked there for two years or more, they are legally required to provide this within 14 days.

2. Check Your Employment Contract and Company Policies

Review your contract and any staff handbook to understand your employer’s disciplinary and dismissal procedures. If they failed to follow these properly, that strengthens your case.

3. Consider Raising a Formal Grievance

You may choose to raise a grievance to formally state your concerns and give your employer a chance to resolve the issue internally. This is often recommended before pursuing legal action.

4. Contact Acas for Early Conciliation

Before making a claim to an Employment Tribunal, you must contact Acas (Advisory, Conciliation and Arbitration Service) for Early Conciliation. This is a free service aimed at helping you and your employer resolve the dispute without going to court.

This step is mandatory and will provide you with a certificate number, which you’ll need if you proceed to tribunal.

5. Make a Claim to an Employment Tribunal

If conciliation doesn’t lead to a resolution, you can submit a claim to the Employment Tribunal. You’ll need to do this within three months minus one day from the date your employment ended.

The tribunal will assess:

• Whether your employer had a fair reason to dismiss you
• Whether a fair procedure was followed
• Whether the decision to dismiss fell within the range of reasonable responses for an employer in those circumstances

6. Gather Evidence

Prepare documents such as:

• Emails or letters about your dismissal
• Your employment contract and company policies
• Witness statements (if applicable)
• Any records of performance reviews or disciplinary action

Legal advice at this stage can be invaluable to ensure your claim is strong and well-supported.

What Remedies Are Available?

If the tribunal finds your dismissal was unfair, you may be entitled to:

• Reinstatement (being given your job back)
• Re-engagement (being given a different job with the same employer)
• Compensation, which typically includes:
  • Basic award: Similar to redundancy pay, based on your age, length of service, and weekly pay
  • Compensatory award: Covers financial loss from being out of work (up to a statutory maximum)

Speak to a Solicitor

Navigating an unfair dismissal claim can be complex, emotional, and time-sensitive. At RDC Solicitors, our specialist employment law team can help you understand your rights, guide you through the tribunal process, and ensure your case is put forward as strongly as possible.

If you believe you’ve been unfairly dismissed, don’t wait. Get in touch with our employment law team today to explore your options and start your claim with confidence. Call us today on Bingley 01274 723858, Ilkley 01943 601173 or Bradford 01274 735511.