Unfair dismissal: initial advice questions

An initial unfair dismissal assessment needs the dismissal date, employment status, length of service and employer's stated reason. The label on the letter does not by itself settle whether the reason and procedure were lawful.

Establish eligibility and the effective date

Bring the contract, start date, notice arrangements and dismissal letter. Explain transfers between employers or breaks in service that may affect continuity. Ordinary unfair dismissal and automatically unfair reasons have different qualifying rules. ^[1]

Employment law reforms are being introduced in stages. Check the rule applying to the actual dismissal date rather than assuming an announced change already applies. Acas maintains the implementation timetable. ^[2]

Connect the reason to the process

Describe the investigation, warnings, consultation or capability steps used before dismissal. Identify any protected issue raised shortly beforehand, while recognising that timing alone does not establish the reason. Keep evidence of losses and efforts to find work.

Use the internal appeal where appropriate, but separately check tribunal deadlines. State any imminent deadline before booking a routine appointment. An adviser can then assess potential claims and options without relying on an incomplete employment timeline.

Build the employment timeline first Record the date employment began, any changes of employer and the events surrounding termination. Distinguish the date a decision was announced, the date notice was given and the date employment actually ended. Include payment in lieu of notice, garden leave and any dispute over whether notice was worked. Supply the letters and messages rather than choosing a date from memory. An adviser may need to examine continuity and the effective termination date before assessing eligibility or calculating the deadline for a particular claim.

Explain the working arrangement if employment status is uncertain. A contract label, payroll treatment or use of invoices does not answer every employment-rights question. Describe the work, control, personal service and day-to-day arrangements, and provide the relevant agreements. If you worked through an agency or several group companies, identify who engaged and dismissed you. Correctly identifying the respondent and legal relationship at the outset can prevent an assessment being built around the wrong entity or an assumption that does not fit how the work was actually performed.

Apply the current qualification rule carefully As at 9 September 2026, the usual qualifying period for ordinary unfair dismissal in Great Britain remains two years. Acas states that the move to six months is planned for January 2027. [2] Do not treat the future rule as protecting an earlier dismissal automatically. Give the adviser the exact employment dates and any continuity issue. Some automatically unfair reasons and other claims have different requirements, so shorter service should prompt a specific assessment rather than the conclusion that the employer could dismiss for any reason.

Separate unfair dismissal from wrongful dismissal and discrimination. A dispute about contractual notice may exist even where an ordinary unfair dismissal claim is unavailable. An allegation that dismissal was because of a protected characteristic needs its own evidence and legal analysis. Acas explains these distinctions and identifies automatically unfair reasons. ^[1] Tell the adviser about relevant protected activity, pregnancy, family leave or health and safety concerns without assuming that their existence alone proves why the employer acted. The connection to the decision is the question to be investigated.

Compare the stated reason with the record Identify the employer's reason and the evidence offered for it. For conduct, provide allegations, investigation material and hearing records. For capability, include expectations, support, reviews and relevant health information. For redundancy, retain the business proposal, selection and consultation documents. If the reason changed during the process, record when and how. A dismissal letter's label is a starting point, not a complete explanation. Ask what the employer knew and considered at the time rather than relying only on evidence discovered afterwards.

Describe the opportunity you had to respond and any appeal. Identify missing information, ignored evidence or participation difficulties with concrete examples. A procedural concern should be linked to what it prevented you from explaining or challenging. If you did not attend a meeting, provide the reason and correspondence about alternatives. Keep the appeal outcome even if it confirms dismissal, because it may address earlier errors or add reasons. The overall sequence matters to assessment; selecting only the most unfavourable letter can give an incomplete picture of the process.

Preserve loss and next-step evidence Keep payslips, benefit details and the final payment calculation. Record job applications, interviews and later earnings so losses can be assessed accurately. Distinguish amounts already received from sums merely offered. If a settlement agreement has been proposed, provide the full draft and response date; it raises separate questions about the claims to be waived. Do not estimate a claim's value from salary alone or assume that every loss following dismissal will be recoverable. The adviser needs both liability evidence and a supported account of financial consequences.

Seek advice promptly with the key dates at the front of the enquiry. Some dismissal situations require particularly urgent consideration, including whether a short deadline applies to a specialist remedy. Internal discussions or an appeal should not be assumed to preserve tribunal time limits. Ask about Acas notification and the relevant claim route, keeping a record of advice on dates. A useful initial assessment should identify possible claims, evidential gaps and the immediate step required, without promising success before the employment history and employer's explanation have been examined.