I Think I’ve Been Unfairly Dismissed, What Should I Do Next
Being dismissed can leave you trying to answer several questions at once:
Being dismissed can leave you trying to answer several questions at once:
Was the reason genuine? Was the procedure fair? Was I targeted because I complained? How do I pay the bills? Should I appeal? How long do I have to decide about legal action?
Deal with the urgent questions first. Employment Tribunal deadlines do not wait for the emotional shock of dismissal to settle.
Get the dismissal information together
Keep the dismissal letter and identify the effective date of termination.
Collect the disciplinary, capability, redundancy or other documents leading to the decision, together with the contract, relevant policies, meeting notes and appeal information.
Write a short chronology while events are fresh. This makes it easier for an adviser to distinguish the stated reason from the events you believe actually led to dismissal.
Fairness involves both the reason and the process
Potentially fair reasons for dismissal can include conduct, capability, redundancy, illegality and some other substantial reasons.
Having a potentially fair reason does not automatically make every dismissal fair. GOV.UK explains that employers also need to act reasonably and follow a fair process.
An adviser may therefore look at the investigation, warnings, evidence, opportunity to respond, consistency, alternatives and appeal as well as the final reason.
Some dismissal reasons receive particular protection
Certain reasons can be automatically unfair, including whistleblowing and a range of statutory-right, family, trade-union and health-and-safety situations.
Discrimination law is separate again: dismissal because of a protected characteristic, or other prohibited discrimination connected with dismissal, can potentially engage Equality Act rights.
This is why length of service is not the only question to ask.
How much service do I need?
As at 6 September 2026, an employee will usually need two years’ qualifying service for an ordinary unfair-dismissal claim.
There are important exceptions where no ordinary qualifying period applies, including certain automatically unfair reasons.
A major change is due on 1 January 2027, when the qualifying period for most ordinary unfair-dismissal claims will reduce to six months. The date of dismissal and the particular legal basis therefore matter.
Should I appeal?
If your employer offers an appeal and you believe the decision or procedure was wrong, check the deadline and grounds.
An appeal can give the employer an opportunity to correct a decision and can become relevant to a later dispute.
But an internal appeal does not stop the Employment Tribunal time limit. Do not assume you can wait for the appeal outcome before checking limitation.
The tribunal clock is changing
As at 6 September 2026, most Employment Tribunal claims still have a time limit of 3 months minus 1 day from the relevant event.
From 1 October 2026, the limit for most claims increases to 6 months minus 1 day where the time limit starts on or after that date.
There are exceptions and calculating time can be complicated. Notify Acas within the applicable time limit if you are considering a tribunal claim. Acas Early Conciliation can affect how the deadline is calculated.
Do not overlook unusually urgent claims
Some dismissal situations have much shorter procedural deadlines.
For example, an application for interim relief in certain automatically unfair dismissal cases, including qualifying whistleblowing dismissals, can have a 7-day deadline.
If your dismissal followed whistleblowing or another situation where interim relief might potentially arise, urgent specialist advice is sensible.
Deal with income and wellbeing in parallel
Legal action will not pay next month’s household bills immediately.
Check final salary, notice, holiday pay, benefits and household commitments. Begin job-search activity when you are able.
At the same time, dismissal can trigger anger, shame, anxiety and loss of confidence. Seeking emotional support does not weaken an employment case; it addresses a different consequence of what has happened.
Last reviewed
6 September 2026
Important informationThis guide provides general information only and does not constitute legal, medical or other professional advice. Employment rights depend on individual circumstances and the law can change. If you are concerned about your legal position, check current information and consider advice from Acas, a trade union, an appropriately qualified adviser or an employment-law professional.