Quick answer
To claim unfair dismissal in England and Wales, you must first notify ACAS for Early Conciliation and obtain a certificate before submitting form ET1 to the Employment Tribunal. The usual deadline is three months less one day from the dismissal date (the effective date of termination), with the clock paused during conciliation. Most claims need two years’ continuous service.
Last reviewed: June 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm. Always check the current official form on GOV.UK before you file, and sign the statement of truth yourself.
Draft it from scratch
Tell Chris what happened and upload your contract, payslips, dismissal letter and correspondence. He drafts the ET1, grounds of claim, schedule of loss and witness statement to the Litigant Standard™.
Check the draft you’ve written
Already started your ET1 or schedule of loss? Upload it and Chris reviews it against your documents — testing the statutory case and the figures before you submit.
You’ve been served — respond
Received an ET3, tribunal directions or correspondence from the employer? Run it by Chris and he reads it against your own papers and shows you where you stand.
You have been dismissed. You were not at fault. The procedure was rushed. The employer’s reasoning does not add up. Unfair dismissal is the most common Employment Tribunal claim — and one of the most winnable when the paperwork is drafted properly.
2026 reality: Most employment tribunal hearings are now remote (CVP video or telephone). Preliminary hearings almost always remote. Final hearings increasingly remote for straightforward cases.
Your job: review Chris’s drafts and sign. Chris is your personal PA — a solicitor’s day of drafting, done in about an hour.
The qualifying threshold
- Employee (not contractor)
- 2 years’ continuous service — unless automatic unfair dismissal applies
- Within 3 months less one day of dismissal
- Acas Early Conciliation completed
The statutory test
Under Employment Rights Act 1996 s.98:
- Employer must show the reason for dismissal (capability, conduct, redundancy, SOSR, statutory restriction)
- If employer shows fair reason, Tribunal asks whether the employer acted reasonably in treating it as sufficient to dismiss
- Fairness assessed on the band of reasonable responses test
Procedure — the Acas Code of Practice
The Acas Code on Disciplinary and Grievance Procedures sets the minimum standard. Unreasonable failure to comply = Tribunal may increase award by up to 25%. Unreasonable failure by employee = reduction of up to 25%.
- Investigation before allegations put
- Written notice of allegations with evidence
- Disciplinary meeting with right to be accompanied
- Fair decision-maker, not pre-determined
- Right of appeal heard by someone not involved
Let Chris draft this for you
Tell Chris what happened. Upload your contract, payslips, dismissal letter, correspondence. Chris drafts to the Litigant Standard™ — cold merit, exhibits numbered, tone pitched to the Employment Judge. You review. You sign. You submit.
Automatic unfair dismissal — no service required
- Whistleblowing (ERA 1996 s.103A)
- Pregnancy or maternity (s.99)
- Trade union activities (TULRCA 1992 s.152)
- Asserting a statutory right (s.104)
- TUPE (s.103)
- Health & safety activities (s.100)
These carry no 2-year qualifying period and often no cap on compensation (whistleblowing).
Compensation structure
- Basic award — weekly pay × years of service × multiplier based on age. Capped.
- Compensatory award — financial loss caused by the dismissal. Current cap ~£115,115 or 52 weeks’ pay, lower of.
- Additional award — for failure to reinstate when ordered.
- Interest — on awards from judgment.
The schedule of loss
Arrears of pay. Future loss (mitigation applies — you must seek other work). Pension loss (often under-claimed — can be substantial). Loss of statutory rights. Notice pay if not paid. Chris drafts the schedule with pension loss calculations using the Ogden-informed simplified approach.
Polkey and contributory conduct — the reductions
Even on winning liability, the compensation may be reduced:
- Polkey — where the employer would have fairly dismissed anyway had procedure been followed
- Contributory conduct — where claimant’s culpable conduct contributed
Chris anticipates both on ET1 and in witness statement — front-foot framing protects the award.
Can Chris draft the whole unfair dismissal case?
Yes. ET1 with grounds of claim, schedule of loss, witness statement, bundle index, skeleton argument for final hearing. Chris drafts across 6–12 months of proceedings.
Prepare to win. Plan not to fail.
The Employment Judge is the bullshit extractor. Exhibits stack up. The drafting carries the case.
Frequently asked questions
Who can bring an unfair dismissal claim?
Generally an employee (not a contractor) with continuous service — unless an automatic unfair dismissal ground applies, which carries no qualifying service period. The claim must also follow the time limit running from dismissal, and Acas Early Conciliation must be completed first. Check the current figures and time limit for your situation before relying on them.
What does the Tribunal actually decide?
Under the Employment Rights Act 1996 s.98 the employer must first show the reason for dismissal — capability, conduct, redundancy, “some other substantial reason” (SOSR) or statutory restriction. If a potentially fair reason is shown, the Tribunal then asks whether the employer acted reasonably in treating it as sufficient to dismiss, assessed on the band of reasonable responses test.
What is automatic unfair dismissal?
Certain reasons make a dismissal automatically unfair with no qualifying service required — for example whistleblowing (s.103A), pregnancy or maternity (s.99), trade union activities, asserting a statutory right (s.104), TUPE, and health and safety activities. Some of these, such as whistleblowing, often carry no cap on compensation.
How is compensation worked out?
Compensation is typically a basic award (based on weekly pay, years of service and an age-related multiplier, and capped) plus a compensatory award for the financial loss caused by the dismissal, with an additional award possible for failure to reinstate when ordered. The schedule of loss sets out arrears of pay, future loss, pension loss, loss of statutory rights and any unpaid notice. Always check the current caps before filing.
What are Polkey and contributory conduct?
Even where liability is established, compensation can be reduced: a “Polkey” reduction applies where the employer would have fairly dismissed anyway had a proper procedure been followed, and a contributory conduct reduction applies where the claimant’s own culpable conduct contributed to the dismissal. Chris anticipates both on the ET1 and in the witness statement so the framing protects the award.
Can Chris draft the whole case?
Yes. From your facts and documents Chris can draft the ET1 with grounds of claim, the schedule of loss, the witness statement, the bundle index and a skeleton argument for the final hearing. Chris drafts each document as you need it, across the whole proceedings.
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Related guides: Constructive dismissal claim · Form ET3 — employer’s response · All civil court forms