Unfair Dismissal Claim Solicitors in London
Dismissed without a fair reason or a fair process? Our employment solicitors in High Holborn and Upton Park help employees across London challenge unfair dismissal at Acas and the Employment Tribunal.
What is an unfair dismissal claim?
An unfair dismissal claim is a legal challenge, brought at the Employment Tribunal, by an employee who was dismissed without a potentially fair reason or without a fair procedure. Under section 98 of the Employment Rights Act 1996, an employer must show both a valid reason for the dismissal and that it acted reasonably in treating that reason as sufficient.
If either part fails, the dismissal can be unfair, even where the employer had genuine concerns. Our employment law solicitors assess both the reason and the process before advising whether you have a claim worth pursuing.
Who can make an unfair dismissal claim?
To bring an ordinary unfair dismissal claim you must be an employee and have enough continuous service with the same employer. The qualifying period is changing:
| Effective date of termination | Qualifying service needed |
|---|---|
| Before 1 January 2027 | 2 years’ continuous employment |
| On or after 1 January 2027 | 6 months’ continuous employment |
The six-month rule comes from the Employment Rights Act 2025. The date that counts is the effective date of termination, not the date you were told you were dismissed. Where an employer gives no notice or pay in lieu, the law can add one week’s statutory notice, which may push you over the threshold.
Are you an employee? Section 230 of the Employment Rights Act 1996 defines an employee as someone working under a contract of employment. The contract does not need to be written. Workers, contractors and the self-employed generally cannot claim ordinary unfair dismissal, so if your status is unclear, we can review your arrangement.
Continuous service is not broken by a promotion, demotion or change of role with the same employer.
Not enough service? Some dismissals are unfair from day one, such as dismissal for whistleblowing, pregnancy or asserting a statutory right. See our page on automatic unfair dismissal.
What are the five fair reasons for dismissal?
An employer can only fairly dismiss for one of five potentially fair reasons: capability, conduct, redundancy, a statutory restriction, or “some other substantial reason”.
- Capability or qualifications — poor performance or long-term ill health
- Conduct — misconduct or gross misconduct
- Redundancy — a genuine reduction in the need for employees (see our redundancy claim page)
- Statutory restriction — continuing to employ you would break the law, such as losing a required driving licence or right to work
- Some other substantial reason (SOSR) — for example, a business reorganisation or an irretrievable breakdown in working relationships
Having a fair reason is not enough. The employer must also follow a fair process. GOV.UK sets out the reasons you can be dismissed.
What makes a dismissal process unfair?
A dismissal is likely to be procedurally unfair if the employer did not investigate, warn you of the allegations, hold a meeting, let you be accompanied, or offer an appeal.
Tribunals measure the process against the Acas Code of Practice on disciplinary and grievance procedures. Common failings include:
- No proper investigation before a decision was made
- Not being told the allegations or shown the evidence in advance
- No right to be accompanied by a colleague or trade union representative
- A predetermined outcome, or a decision-maker with a conflict of interest
- No opportunity to appeal
- Inconsistent treatment compared with colleagues in similar situations
If an employer unreasonably fails to follow the Acas Code, the Tribunal can increase compensation by up to 25%.
Constructive dismissal
Constructive dismissal is when you resign because your employer seriously breached your contract, and the law treats the resignation as a dismissal. Examples include unilateral pay cuts, demotion without agreement, or a sustained pattern of bullying.
Constructive dismissal claims are brought as unfair dismissal claims and need the same qualifying service. Resigning without advice is risky, so speak to us before you hand in notice.
How long do you have to make an unfair dismissal claim?
For dismissals with an effective date of termination on or after 1 October 2026, you have six months less one day to start your claim. For earlier dismissals, the limit is three months less one day.
| Effective date of termination | Time limit |
|---|---|
| Before 1 October 2026 | 3 months less one day |
| On or after 1 October 2026 | 6 months less one day |
For example, if your employment ended on 15 October 2026, your deadline is 14 April 2027 (before any extension for early conciliation).
Step one is always Acas. Before you can lodge a Tribunal claim, you must notify Acas through early conciliation. The clock pauses while conciliation runs. Our ACAS assistance team can file the notification and negotiate with your employer for you. If conciliation fails, the claim is submitted to the Employment Tribunal.
Late claims are only accepted if it was “not reasonably practicable” to claim in time — a strict test. Contact us as soon as possible after dismissal.
How much compensation can you get for unfair dismissal?
Unfair dismissal compensation is made up of a basic award, based on age, service and weekly pay, and a compensatory award for your financial losses.
| Award | How it is calculated | Current limit (from 6 April 2026) |
|---|---|---|
| Basic award | 0.5, 1 or 1.5 weeks’ pay per year of service (depending on age), up to 20 years | Week’s pay capped at £751 — maximum £22,530 |
| Compensatory award | Lost earnings, pension and benefits, adjusted for what is “just and equitable” | Lower of £123,543 or 52 weeks’ gross pay |
From 1 January 2027, the cap on the compensatory award is removed for dismissals with an effective date of termination on or after that date, under the Employment Rights Act 2025.
Awards can be reduced if you did not try to find new work, contributed to your own dismissal, or would have been dismissed anyway with a fair process. Tribunals can also order reinstatement or re-engagement, although this is rare.
Many claims settle before a hearing. We can negotiate a settlement agreement on your behalf.
How our unfair dismissal solicitors help
- Free initial consultation — we review your dismissal, service and deadline
- Merits assessment — a clear view on whether the reason and process were fair
- Acas early conciliation — we notify Acas and negotiate directly with your employer
- Tribunal claim — we prepare your ET1 claim form, evidence and witness statements
- Settlement or hearing — we negotiate an exit package or represent you through to a hearing
Your dismissal may also involve other claims, such as discrimination at work, whistleblowing or unpaid wages. We assess all of them together.
Why choose Adam Bernard Solicitors?
- SRA-regulated solicitors with offices in High Holborn (Central London) and Upton Park (East London)
- 15 years in practice and more than 15,000 clients helped
- Confidential, empathetic advice — we understand how stressful losing your job is
- Competitive fees with structured payment plans tailored to you
- Available 24/7 by phone, plus video consultations via Zoom, Teams, WhatsApp and Skype
Think your dismissal was unfair? Call 0207 100 2525 (24/7) or book a free consultation.
This page is for general information only and does not constitute legal advice. Law and limits stated are correct as of 20 October 2026.
Frequently Asked Questions
How long do I have to claim unfair dismissal?
Do I need two years' service to claim unfair dismissal?
What is the maximum compensation for unfair dismissal?
Do I have to contact Acas before making a claim?
Can I claim unfair dismissal if I resigned?
Can I claim unfair dismissal during my probation period?
Can I claim unfair dismissal as a worker or contractor?
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