What counts as unfair dismissal in England & Wales, the time limits that catch people out, and how to prepare a grievance or early-conciliation letter.
Unfair dismissal is about whether there was a fair reason and a fair process. Wrongful dismissal is a contract claim about notice and is separate. Some dismissals are automatically unfair — for example dismissal for whistleblowing, pregnancy, or asserting a statutory right — and these do not always need a qualifying period.
For ordinary unfair dismissal, the usual tribunal limit is six months less one day where the effective date of termination is on or after 1 October 2026, and three months less one day for earlier dismissals. Notify ACAS for early conciliation before the deadline; it pauses the clock and affects the final filing date. Some applications, including interim relief, have much shorter limits. Check your exact deadline immediately with ACAS or a solicitor.
Before a claim, a clear grievance letter and an ACAS early-conciliation notification set out your case and preserve your position. The Counsel helps you structure the facts, identify the potential grounds, and draft a first-version letter to review with a solicitor or an ACAS adviser.
It depends on the reason, the process, and your length of service. The Counsel's employment review helps you map the facts to the possible grounds and flags time limits — but whether to issue a tribunal claim is a decision to confirm with a regulated adviser.
Usually six months less one day from the effective date of termination for dismissals on or after 1 October 2026; the earlier three months less one day limit applies to earlier dismissals. ACAS early conciliation affects the calculation. Interim relief can require an application within seven days. Confirm the claim-specific deadline urgently; do not wait.
It produces a structured first draft from your facts in England & Wales terms. It does not conduct litigation or represent you at a tribunal — those are reserved activities — so use the draft as a starting point and take advice before you send or file.
The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.
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