Dismissal is the formal name given to being “sacked”. You have the right to challenge your dismissal if you do not believe it was fair. You can do this in two ways – appealing your dismissal via your employer’s appeal process or making a claim to an employment tribunal.

Before you decide which route to take, you should think about what it is you want from your previous employer. If you do not want your job back and instead want compensation, you may find that the best route for you is to make a claim to an employment tribunal.

It is important to note that you have 3 months less one day to make a claim to a tribunal. You also have to make sure you contact Acas and get an early conciliation certificate before you can start proceedings.

You must have a genuine unfair dismissal claim and have worked for your employer for at least two years if you wish to make a claim to the employment tribunal. The two-year rule does not apply if you are dismissed for an ‘automatically unfair’ reason such as:

  • Being pregnant or on maternity leave
  • Asking for legal rights at work
  • Acting in relation to a health and safety issue
  • Took part in trade union activities whilst being a trade union member
  • Acting as an employee representative
  • Whistleblowing i.e. reporting an employer for wrongdoing

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