What Types of Claims Can Be Made?

Claims can include:Unfair dismissalConstructive dismissalAge, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual orientation discriminationUnpaid wages, redundancy pay, and equal payWrongful dismissalOther claims, such as TUPE disputes or part-time worker regulations, can also be made.

How Do I Make a Claim?

To bring a claim:Confirm you meet the employee definition and qualifying period.Use ACAS Early Conciliation (EC) to attempt resolution.Submit a claim to the Employment Tribunal within the relevant time limit (usually 3 months from dismissal together with any ACAS EC extension).

Claim for unfair dismissal with legal representation

Unfair Dismissal Explained

Most employees in the UK have the right to complain about unfair dismissal to an Employment Tribunal. This could lead to a claim for unfair dismissal, although there are certain exceptions.

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Who Can Claim Unfair Dismissal

A complaint must be made by the individual who was dismissed. If the employee dies, a personal representative can make the application or continue proceedings already started.

An employee is someone who has entered into, works, or worked under a contract of employment. Contracts can be written, verbal, or implied.

Who Cannot Claim Unfair Dismissal

The following people normally cannot claim for unfair dismissal

Individuals who are not employees, such as independent contractors or freelance agents.
Employees with less than the qualifying period:
- Employment started on or after 6 April 2012: 2 years of continuous service. Please note: this is expected to change to 6 months continuous service from 1 January 2027 in accordance with section 25 of the Employment Rights Act 2025.
Employees on fixed-term contracts (1 year or more) who agreed in writing before 25 October 1999 to forgo claims.
Employees who have reached a settlement with their employer through ACAS conciliation or a compromise agreement and waived their rights.
- Certain members of the police or armed forces, and crew of share-fishing vessels paid only from profits.
- Employees covered by a dismissal procedures agreement exempted from unfair dismissal provisions by the Secretary of State.

FAQs

It depends on the type of claim and whether you are still “in time” to bring it. Most claims go through the Employment Tribunal, although some may be brought in the County Court.

Claims can include:

Unfair dismissal
Constructive dismissal
Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual orientation discrimination
Unpaid wages, redundancy pay, and equal pay
Wrongful dismissal

Other claims, such as TUPE disputes or part-time worker regulations, can also be made.

There is no definite timeframe. Simple cases are usually concluded within twelve months of issuing proceedings, but this varies depending on your location and claim type.

Yes, claims can be made against both the employer and, in certain circumstances, individual managers.

To bring a claim:

Confirm you meet the employee definition and qualifying period.
Use ACAS Early Conciliation (EC) to attempt resolution.
Submit a claim to the Employment Tribunal within the relevant time limit (usually 3 months from dismissal together with any ACAS EC extension).

Key Benefits of Claiming Unfair Dismissal

Protect your rights across the UK
Claim compensation for unfair treatment.
Receive expert guidance on complex employment laws
Access nationwide support and advice
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