How long do I need to have worked there to claim unfair dismissal?

Currently you usually need 2 years' continuous service to claim ordinary unfair dismissal. That's changing: from 1 January 2027 the Employment Rights Act 2025 reduces the qualifying period to 6 months and removes the cap on compensation — but that's not yet in force. Crucially, some dismissals are 'automatically unfair' and have no qualifying period at all, so you can claim from day one — for example dismissal for pregnancy, whistleblowing, asserting a legal right, trade union activity or health and safety.

How long do I have to make a claim?

The deadline is strict: usually 3 months less one day from the date your employment ended. Before you can go to an employment tribunal you must first notify ACAS to start 'early conciliation' (free) — doing this pauses the clock. Don't leave it late: if you miss the deadline you normally lose the right to claim. Start ACAS early conciliation as soon as you can.

Unfair dismissal: your rights & the deadline

Q: What counts as unfair dismissal?

A dismissal is unfair if your employer didn't have a fair reason for it, or didn't follow a fair process. There are five potentially fair reasons: conduct, capability or performance, redundancy, a legal reason (a 'statutory restriction'), or 'some other substantial reason'. Even with a fair reason, the employer must act reasonably and follow a proper procedure — usually warnings, a chance to improve or respond, and a fair hearing. Being sacked on the spot, without warning or any process, is often unfair.

Q: What is constructive dismissal?

Constructive dismissal is when you feel forced to resign because your employer seriously breached your contract — for example not paying you, a sudden unagreed cut in pay or hours, bullying or harassment they failed to deal with, or a fundamental change to your role. You resign in response to that breach and then claim it was effectively a dismissal. It's hard to prove, so get advice before resigning — raising a grievance first usually strengthens your case.

Q: What could I get if I win?

A tribunal can order your employer to reinstate or re-engage you, or — far more commonly — pay compensation. That's usually a 'basic award' (worked out like statutory redundancy pay, based on age, weekly pay and years of service) plus a 'compensatory award' for lost earnings and benefits. The compensatory award is currently capped at the lower of around a year's pay or a set maximum; from January 2027 that cap is removed for new claims. Most cases settle before a hearing.

What makes a dismissal "unfair"

A dismissal can be unfair in two ways: the reason wasn't fair, or the process wasn't. There are only five potentially fair reasons to dismiss someone:

Conduct — how you behave at work.
Capability or performance — your ability to do the job (including ill health).
Redundancy — your role is genuinely no longer needed (see redundancy pay).
A legal reason — you can't legally keep doing the job (a "statutory restriction").
Some other substantial reason — a genuine, serious business reason.

Even with a fair reason, the employer must act reasonably and follow a fair procedure — usually warnings, a chance to improve or explain, a proper hearing, and a right of appeal.

The classic unfair sacking Being dismissed on the spot, with no warning and no process, is often unfair — even if the employer had a reason. How they did it matters as much as why.

Who can claim — and the day-one exceptions

For an ordinary unfair dismissal claim you currently need 2 years' continuous service. But some dismissals are "automatically unfair" and you can claim them from day one, with no qualifying period — including dismissal for:

Pregnancy, maternity or taking family leave;
Whistleblowing (raising a genuine concern about wrongdoing);
Asserting a statutory right (e.g. asking for the minimum wage or holiday pay);
Trade union membership or activities;
Health and safety reasons, or jury service.

Coming change — January 2027 The Employment Rights Act 2025 reduces the qualifying period from 2 years to 6 months and removes the cap on compensation — but this isn't in force yet; it's expected from 1 January 2027. The day-one automatically-unfair protections above stay as they are.

Forced to resign? That can be constructive dismissal

If your employer seriously breached your contract and you resigned because of it, that can be constructive dismissal — treated as if they dismissed you. Examples include:

Not paying you, or a sudden unagreed cut to your pay or hours;
Bullying or harassment the employer failed to deal with;
A fundamental change to your role forced on you without agreement.

Get advice before you resign Constructive dismissal is hard to prove — you have to show a serious breach and that you resigned in response to it. Raising a grievance first usually strengthens your case. Don't walk out without advice from ACAS or Citizens Advice.

How to claim — and the deadline you can't miss

Gather evidence — your contract, payslips, dismissal letter, emails, notes of meetings and any witnesses.
Start ACAS early conciliation (free). This is required before a tribunal and ACAS will try to resolve it without a hearing — many cases settle here. Notifying ACAS pauses the clock.
Claim at the employment tribunal if it isn't resolved.

If you win, a tribunal can order reinstatement, re-engagement or — far more commonly — compensation: a basic award (worked out like statutory redundancy pay) plus a compensatory award for lost earnings. Most cases settle before a hearing.

Do this now

The deadline is strict: usually 3 months less one day from the date your job ended. Start ACAS early conciliation as soon as you can — call ACAS on 0300 123 1100 or use the GOV.UK "make a claim to an employment tribunal" service. Don't leave it late.

Need the words? Use the letter writer to raise a grievance, and check the rest of your rights at work and any unpaid wages.

Don't miss the deadline — start with ACAS. Free advice helplines →

Source verification Primary source: GOV.UK — Dismissal: your rights; ACAS — Unfair dismissal and Employment Rights Act 2025 · acas.org.uk/dismissals/unfair-dismissal. Last verified 15 June 2026 — the current 2-year qualifying period, the day-one automatically-unfair reasons, the 3-months-less-a-day deadline and ACAS early conciliation web-checked; the Jan-2027 reduction to 6 months + removal of the compensation cap confirmed against GOV.UK + ACAS as announced, not yet in force. Confidence: High on the current framework — five potentially fair reasons plus a fair procedure; ordinary unfair dismissal needs 2 years' service; automatically-unfair dismissals (pregnancy, whistleblowing, asserting a statutory right, union activity, health & safety) have no qualifying period; ACAS early conciliation is required before a tribunal; deadline usually 3 months less a day. The Employment Rights Act 2025 change (6-month qualifying period + cap removed) is stated as coming from 1 Jan 2027, not current law. Scope: Great Britain (Northern Ireland has its own system via the Industrial Tribunal / Labour Relations Agency). Information, not legal advice — get free help from ACAS (0300 123 1100) and Citizens Advice.

Unfair dismissal — common questions

What counts as unfair dismissal?

A dismissal with no fair reason, or where a fair process wasn't followed. There are five potentially fair reasons (conduct, capability, redundancy, a legal reason, or some other substantial reason), and even then the employer must act reasonably — warnings, a chance to respond, a hearing and an appeal. Being sacked on the spot with no process is often unfair.

How long must I have worked there?

Currently 2 years for an ordinary claim — dropping to 6 months from 1 January 2027 under the Employment Rights Act 2025 (not yet in force). But automatically-unfair dismissals (pregnancy, whistleblowing, asserting a legal right, union activity, health & safety) can be claimed from day one with no qualifying period.

What is constructive dismissal?

When you resign because your employer seriously breached your contract — not paying you, an unagreed pay or hours cut, unaddressed bullying, or a fundamental change to your role. It's hard to prove, so raise a grievance and get advice before resigning.

What's the deadline to claim?

Usually 3 months less one day from when your job ended. You must notify ACAS to start free early conciliation before a tribunal — doing so pauses the time limit. Miss the deadline and you normally lose the right to claim, so act quickly.

What could I get if I win?

Reinstatement, re-engagement, or — usually — compensation: a basic award (like statutory redundancy pay) plus a compensatory award for lost earnings. The compensatory cap is removed for claims from January 2027. Most cases settle before a hearing.

Related guides — leaving a job

Gross misconduct Raise a grievance Settlement agreements Employment tribunal Probation periods Job references Employment rights

Sources: The fair reasons and procedure, the qualifying period, automatically-unfair reasons, ACAS early conciliation and the tribunal deadline · ACAS — Unfair dismissal and GOV.UK — Dismissal: your rights. The January 2027 changes (6-month qualifying period, compensation cap removed) · ACAS — Employment Rights Act 2025. SortedUK is not a regulated adviser and this is general information — get free help from ACAS or Citizens Advice. Last reviewed: 15 June 2026.

Sacked unfairly? You may be able to fight it.

What makes a dismissal "unfair"

Who can claim — and the day-one exceptions

Forced to resign? That can be constructive dismissal

How to claim — and the deadline you can't miss

Unfair dismissal — common questions

How they sacked you matters.