VOL. I · Market edition, MMXXVIEngland & Wales · Templates · Reviews · Handoffs
Guide

Unfair dismissal: your options in England & Wales

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.

By The Counsel editorial deskReviewed against primary legislation and case law for England & WalesLast reviewed 15 June 2026How we source this →
01

Unfair vs wrongful dismissal

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.

02

Mind the time limit

The deadline for most employment tribunal claims is short — generally three months less one day from the dismissal — and you must start ACAS early conciliation first, which pauses the clock. Missing the limit usually ends the claim, so this is the single most important date to get right.

03

Prepare your paper trail

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.

Do I have a claim for unfair dismissal?

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.

What is the time limit for an unfair dismissal claim?

Generally three months less one day from the effective date of termination, and you must notify ACAS for early conciliation first, which extends the clock. Time limits are strict; check yours immediately and do not wait.

Can The Counsel write my grievance or tribunal letter?

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.