How to Bring an Unfair Dismissal Claim in an Employment Tribunal

Unfair dismissal claims allow employees to challenge the legality of their termination of employment. In England and Wales, these claims are heard by an employment tribunal, which is an independent judicial body responsible for resolving workplace disputes.

To succeed, a claimant must generally show that they were dismissed, that the dismissal falls within the scope of unfair dismissal law, and that the employer did not act reasonably in treating the reason for dismissal as sufficient. The process is procedural and time-sensitive, requiring strict compliance with statutory rules, particularly those under the Employment Rights Act 1996.

What Counts as Unfair Dismissal

Unfair dismissal occurs where an employer terminates employment without a fair reason or fails to follow a fair procedure.

Potentially fair reasons for dismissal

An employer may lawfully dismiss an employee only for one of the following reasons:

• Capability or performance
• Conduct
• Redundancy
• Statutory restriction (e.g., loss of right to work)
• “Some other substantial reason”

Even where a valid reason exists, the employer must still act reasonably and follow a fair process.

Eligibility to Bring a Claim

Employee status

Only employees (not self-employed contractors or most agency workers) can usually bring unfair dismissal claims.

Length of service requirement

In most cases, a claimant must have at least two years' continuous service with the employer.

Exceptions to the two-year rule

No qualifying period is required where dismissal is considered automatically unfair, including situations such as:

• Whistleblowing
• Health and safety activities
• Pregnancy or maternity-related reasons
• Trade union activities
• Asserting statutory rights (for example, requesting legal entitlements)

These claims often involve enhanced legal protection regardless of length of service.

Time Limits for Making a Claim

Strict time limits apply.

• A claim must usually be started within 3 months minus 1 day of the dismissal date (known as the “effective date of termination”)
• Time limits are paused during Acas early conciliation and then recalculated once a certificate is issued

Failure to act within the time limit can result in the claim being rejected unless a tribunal considers it “not reasonably practicable” to have complied, which is applied narrowly.

Step 1: Internal Procedures Before Tribunal

Before initiating a tribunal claim, employees often consider internal workplace steps such as:

• Raising a grievance
• Using disciplinary appeal procedures
• Informal resolution with management

These steps are not legally required but may support the factual basis of a claim and demonstrate attempts to resolve the dispute.

Importantly, internal procedures do not normally extend tribunal time limits.

Step 2: Acas Early Conciliation

Before submitting a tribunal claim, most individuals must notify Acas (Advisory, Conciliation and Arbitration Service).

Purpose

Early conciliation is a mandatory pre-claim process designed to encourage settlement without litigation.

Process overview

1. Notification is submitted to Acas
2. An early conciliation reference number is issued
3. A conciliator may contact both parties
4. Settlement discussions may take place
5. If unresolved, an early conciliation certificate is issued

Legal effect on time limits

Time limits are paused during early conciliation and extended accordingly

If settlement is reached, a binding agreement (COT3) is created, preventing further tribunal proceedings.

Step 3: Submitting the ET1 Claim Form

The formal claim is started using an ET1 form submitted to the employment tribunal.

Information required includes:

• Claimant and respondent details
• Employment history
• Dates of employment and dismissal
• Grounds for unfair dismissal
• Supporting facts and allegations
• Acas early conciliation certificate number

Claims can be submitted online or by post.

Once submitted, the tribunal issues the claim to the employer (respondent), who must respond using an ET3 form.

Step 4: Employer's Response (ET3)

The employer must respond within a set deadline, usually 28 days.

The ET3 typically sets out:

• The employer's version of events
• Legal arguments defending the dismissal
• Any procedural justification

Failure to respond may allow the tribunal to proceed without employer input, although hearings are still evidence-based.

Step 5: Case Management and Preliminary Hearings

After the claim is accepted, the tribunal may:

• Hold a preliminary hearing
• Identify legal and factual issues
• Set case management directions
• Order disclosure of documents
• Schedule witness statements and final hearing dates

In complex cases, preliminary hearings may address jurisdiction, time limits, or whether claims have reasonable prospects.

Step 6: The Final Hearing

At the final hearing:

• Both parties present evidence
• Witnesses may be cross-examined
• Documents are reviewed by the tribunal
• Legal arguments are made

A judge (and sometimes panel members) decides:

• Whether dismissal was fair or unfair
• Whether the employer followed a fair process
• Whether compensation is payable

Remedies in Unfair Dismissal Claims

If a claim succeeds, the tribunal may award:

1. Reinstatement or re-engagement

• Returning the employee to their job or a similar role (rare in practice)

2. Compensation

Typically includes:

• Basic award: calculated similarly to statutory redundancy pay
• Compensatory award: loss of earnings and benefits, subject to statutory limits
• Possible adjustments for failure to follow procedures

3. Interim relief (limited cases)

In certain cases such as whistleblowing or trade union-related dismissals, a claimant may apply for interim relief within 7 days of dismissal, potentially continuing pay pending the hearing.

Common Defences Used by Employers

Employers may defend claims by arguing:

• A fair reason for dismissal existed
• A fair disciplinary process was followed
• The dismissal was within the range of reasonable responses
• The employee contributed to their dismissal (reducing compensation)

Tribunals assess reasonableness based on what a reasonable employer would have done in similar circumstances.

Practical Considerations and Risks

Evidence requirements

Claims rely heavily on:

• Emails and written warnings
• Meeting notes
• Contracts and policies
• Witness statements

Costs

Employment tribunals do not charge a fee to issue a claim. However, parties may incur costs for representation, preparation, and potential cost orders for unreasonable conduct.

Burden of proof

The employer must show the reason for dismissal; the tribunal then assesses fairness based on evidence and procedure.

Common Questions from our Readers

Can I bring a claim without a solicitor?

Yes. Many claimants represent themselves. The tribunal process is designed to be accessible, but legal complexity may increase in contested cases.

What if I miss the deadline?

Late claims are only accepted in limited circumstances where strict time limits can be extended by the tribunal.

Do most cases go to a full hearing?

Many cases settle during Acas conciliation or before the final hearing.

Final Thoughts

Bringing an unfair dismissal claim involves a structured legal process requiring early attention to time limits, mandatory Acas early conciliation, and formal submission of an ET1 claim. The tribunal then evaluates whether the dismissal was fair based on statutory grounds and procedural reasonableness. Compensation may be awarded where a claim succeeds, but outcomes depend heavily on evidence and compliance with procedural rules.