Losing your job is unsettling at the best of times. Losing it in a way that feels unjust is worse — and many people assume nothing can be done. Often, something can.
What “unfair” actually means in law
Unfair dismissal is a specific legal claim, not a general description of bad treatment. Your employer must show two things: that the dismissal was for one of five potentially fair reasons, and that they acted reasonably in treating that reason as sufficient.
The five potentially fair reasons are conduct, capability or qualifications, redundancy, a legal restriction that prevents you continuing in the role, and “some other substantial reason”. Even where a fair reason exists, a dismissal can still be unfair if the process was not. A tribunal will look closely at whether you were told what the allegations were, given a genuine chance to respond, allowed to be accompanied at a hearing, and offered an appeal.
Do you have the right to claim?
At present, most employees need two years’ continuous service before they can bring an ordinary unfair dismissal claim. That is changing: for dismissals from 1 January 2027, the qualifying period drops to six months under the Employment Rights Act 2025, and the cap on compensation is removed.
Some dismissals are automatically unfair and carry no qualifying period at all. These include dismissal for pregnancy or taking family leave, for whistleblowing, for asserting a statutory right such as the minimum wage or paid holiday, for trade union activity, and for health and safety reasons. If you suspect the real reason falls into one of these categories, service length may be irrelevant.
The time limit — and why it matters
You normally have three months less one day from the date your employment ended to start a claim. From 1 October 2026 that limit extends to six months. Before you can issue a claim, you must notify Acas and go through early conciliation, which pauses the clock.
Time limits in employment law are applied strictly. Tribunals rarely extend them. If you are unsure whether you have a claim, take advice early rather than waiting for the position to become clearer.
What you could recover
Compensation has two parts. The basic award is calculated like statutory redundancy pay, using your age, length of service and a week’s pay capped at £751. The compensatory award reflects your actual financial loss — lost earnings, pension, benefits and the cost of finding new work — capped at £123,543 or 52 weeks’ actual pay, whichever is lower. Reinstatement is available in principle but rare in practice.
Awards are reduced if you contributed to the dismissal, or if you have not made reasonable efforts to find another job. Keep a record of every application you make.
Talk to us
Our employment team advises employees and employers across Widnes, Runcorn, St Helens and the wider North West. If you have been dismissed and want to know where you stand, call 0151 422 0982.