If you have recently been dismissed from your job, you may have only a few months to bring a legal claim. Many employees are surprised to discover that unfair dismissal claims are subject to strict tribunal deadlines and that appealing internally does not stop time running. This guide explains your rights, the key time limits, and the steps you should take immediately.
At O’Donnell Solicitors, our experienced Employment Law team advises both employees and employers across Greater Manchester and beyond on unfair dismissal, constructive unfair dismissal and wrongful dismissal claims. We provide practical, straightforward advice to help clients understand their options and achieve the best possible outcome.
What Is Unfair Dismissal?
Unfair dismissal occurs when an employer dismisses an employee without a fair reason or fails to follow a fair procedure before dismissing them.
Under the Employment Rights Act 1996, employers must have a potentially fair reason for dismissal, such as:
- Misconduct
- Capability or performance issues
- Redundancy
- Statutory restrictions
- Some other substantial reason (SOSR)
Having a potentially fair reason is only part of the process. Employers must also follow a fair and reasonable procedure, including carrying out investigations, holding meetings, allowing employees to respond to allegations, and offering a right of appeal.
Common indicators that a dismissal may be unfair include:
- You were dismissed without warning.
- No disciplinary hearing took place.
- You were not allowed to appeal.
- Different employees were treated differently for similar conduct.
- You were dismissed shortly after raising concerns at work.
How Long Do You Have to Bring an Unfair Dismissal Claim?
Currently, a claim for unfair dismissal must be issued within three months less one day from the effective date of termination.
Before bringing a claim in the Employment Tribunal, employees must usually notify ACAS and begin Early Conciliation – a process that helps employees and employers to try to resolve a workplace dispute before a claim is made to an Employment Tribunal. Starting ACAS Early Conciliation usually “stops the clock” during conciliation and adjusts limitation accordingly.
Importantly, appealing the dismissal does not stop limitation from running. The time limit is extremely strict, and delays can result in a claim being rejected if the limitation period expires.
Who Can Claim Unfair Dismissal?
In most cases, employees must have completed two years’ continuous service before they can bring an ordinary unfair dismissal claim.
Can You Claim Unfair Dismissal Without Two Years’ Service?
There are important exceptions where no qualifying period is required, including dismissals connected to:
- Whistleblowing
- Pregnancy or maternity
- Trade union activities
- Health and safety concerns
- Asserting statutory employment rights
These are often referred to as ‘automatically unfair dismissals’.
Depending on the circumstances, employees may also have claims relating to discrimination, whistleblowing or detriment for asserting statutory rights.
What Is Constructive Unfair Dismissal?
Constructive unfair dismissal arises where an employee resigns because their employer has fundamentally breached the employment contract entitling resignation. Although the employee technically resigns, the law may treat this as a dismissal by the employer. Examples can include:
- Significant unilateral changes to pay or working conditions
- Failure to address bullying or harassment
- Serious breaches of trust and confidence
- Persistent failure to deal with grievances
- Discriminatory treatment
- Unsafe working environments
Constructive dismissal claims are often complex and should not be pursued without obtaining legal advice first. In many cases, resigning too early or too late can affect the strength of a claim.
What Is Wrongful Dismissal?
Wrongful dismissal is different from unfair dismissal. A wrongful dismissal claim is based on a breach of contract rather than the fairness of the employer’s actions. The most common example is where an employer dismisses an employee without providing contractual notice or payment in lieu of notice.
Unlike unfair dismissal claims, claims can be brought regardless of how long someone has worked for their employer and compensation is generally limited to financial losses arising from the contractual breach. Wrongful dismissal claims may be pursued in the Employment Tribunal or the County Court depending on the circumstances and whether it is linked to other claims within the jurisdiction of the Employment Tribunal.
How Much Compensation Can You Receive for Unfair Dismissal?
One of the most common questions employees ask is how much compensation they may be entitled to. Compensation in unfair dismissal claims is assessed on the facts of each case but may include:
- A Basic Award
- A Compensatory Award for financial losses
- Loss of earnings
- Loss of benefits
- Pension losses
Compensation may also be increased where an employer has unreasonably failed to follow the ACAS Code of Practice.
The maximum compensatory award for ordinary unfair dismissal in England is currently capped at the lower of £123,543 or 52 weeks’ gross pay (updated annually in line with statutory limits).
The amount recoverable will depend on the employee’s circumstances and the losses suffered. In some cases, compensation can be substantial, particularly where an employee experiences a lengthy period of unemployment following dismissal, although awards are subject to statutory limits and vary significantly depending on loss and circumstances.
Why Following the ACAS Code Matters
The ACAS Code of Practice on Disciplinary and Grievance Procedures provides important guidance for employers and employees.
Employers who fail to follow the Code risk:
- Increased compensation awards
- Tribunal criticism
- Additional legal costs
Employment Tribunals can increase compensation by up to 25% where an employer has unreasonably failed to comply with the ACAS Code.
Employees should also engage fully with disciplinary and grievance procedures whenever possible, including appeal processes, as this can strengthen their position if legal proceedings become necessary.
What Should You Do If You Think You Have Been Unfairly Dismissed?
If you believe your employment has been terminated unfairly, you should:
- Obtain a copy of your dismissal letter.
- Review your employment contract.
- Submit any internal appeal promptly.
- Gather relevant evidence and correspondence.
- Seek legal advice as soon as possible.
- Start ACAS Early Conciliation before the tribunal deadline (‘limitation’) expires.
Acting quickly is critical because Employment Tribunal time limits are much shorter than most other types of legal claim and are strictly enforced.
What Evidence Can Help an Unfair Dismissal Claim?
The strength of an unfair dismissal claim often depends on the available evidence. Useful evidence may include:
- dismissal letters
- disciplinary correspondence
- meeting notes
- emails and messages
- witness evidence
- copies of workplace policies
Proposed Employment Law Reforms under the Employment Rights Act 2025
The Employment Rights Act 2025 provides for the introduction of a number of significant reforms that will affect both employers and employees. Many changes have already taken effect, while others are scheduled to be implemented between October 2026 and January 2027. Some aspects of implementation remain subject to ongoing government consultation.
Based on the Government’s current implementation timetable, the following changes are expected to have a significant impact on unfair dismissal claims:
Employment Tribunal Time Limits
From 01 October 2026, the time limit for making a claim to an Employment Tribunal is expected to increase to six months for all claims.
Unfair Dismissal Protection After Six Months
Where the effective date of termination is on or after 1 January 2027, employees are expected to gain protection from ordinary unfair dismissal after six months of employment. This represents a major change from the current requirement of two years’ continuous service. The new six-month qualifying period is expected to substantially increase the number of employees able to bring unfair dismissal claims.
Removal of the Compensatory Award Cap
From 1 January 2027, the statutory cap on compensatory awards for unfair dismissal is expected to be removed. This means Employment Tribunals will have greater flexibility when assessing compensation and employers could face significantly higher awards where unfair dismissal claims succeed. Employers are likely to review their disciplinary and dismissal procedures well in advance of these changes taking effect.
“Fire and Rehire” Will Become Automatically Unfair
From 1 January 2027, dismissing an employee and offering re-engagement on less favourable terms is due to become an automatically unfair dismissal in most circumstances.
How O’Donnell Solicitors Can Help
At O’Donnell Solicitors, our specialist Employment Law team regularly advises both employers and employees throughout Greater Manchester, including Manchester, Salford, Stockport, Bury, Rochdale, Oldham, Tameside, Trafford and Bolton on:
- Unfair dismissal claims
- Constructive dismissal claims
- Wrongful dismissal claims
- Disciplinary procedures
- Grievance procedures
- Settlement agreements
- Employment Tribunal representation
For employees, we assess the strength of potential claims, explain your options clearly, and provide robust representation throughout the tribunal process.
For employers, we provide practical guidance to minimise the risk of claims and ensure fair workplace procedures are followed.
Contact Our Employment Law Solicitors
If you believe you may have been unfairly dismissed, we recommend obtaining advice as soon as possible. Tribunal deadlines are strictly enforced and delaying can affect your ability to bring a claim.
We can quickly assess the merits of your dismissal and advise on time limits and prospects. Contact our Employment Law team for an initial assessment of your situation.
Our experienced Employment Law team provides clear, pragmatic and cost-effective advice to both businesses and individuals throughout Greater Manchester and beyond.
Frequently Asked Questions
How much time do I have to start ACAS Early Conciliation?
In most cases, ACAS Early Conciliation must be started before the Employment Tribunal limitation period expires. As unfair dismissal claims are generally subject to a three-month less one day deadline, it is important to seek advice promptly.
Does appealing my dismissal stop the tribunal deadline?
No. An internal appeal does not usually stop time running for an Employment Tribunal claim.
Can I claim unfair dismissal if I resign?
Possibly. If your employer has fundamentally breached your contract, you may have a constructive dismissal claim.
Do I need a solicitor to bring an unfair dismissal claim?
You can bring a claim without a solicitor, but legal advice can help assess the strength of your case and ensure important deadlines are met.
Can I claim unfair dismissal and discrimination at the same time?
Yes. In some cases an employee may have both an unfair dismissal claim and a discrimination claim arising from the same dismissal. Different legal tests apply and specialist advice should be obtained.
Useful External Resources:
- ACAS Early Conciliation – https://www.acas.org.uk/early-conciliation
- ACAS Code of Practice – https://www.acas.org.uk/acas-code-of-practice-for-disciplinary-and-grievance-procedures
- Employment Tribunal Guidance – https://www.gov.uk/employment-tribunals
- Employment Rights Act Information – https://www.legislation.gov.uk
This article was produced in June 2026, is for general information only and does not constitute legal advice. Specific legal advice should always be obtained based on the facts of your individual circumstances.