Unfair Dismissal: Frequently Asked Questions
Quick answers to common questions about unfair dismissal timing, process, and next steps.
Do I need 2 years of service to claim unfair dismissal?
Usually yes, but there are exceptions in some dismissal types. If you are unsure, it is still worth checking your position quickly.
Can I still claim if I appealed internally?
An internal appeal can help the facts, but it does not automatically protect tribunal time limits. You still need to act quickly.
What if I resigned instead of being dismissed?
That may be a constructive dismissal issue rather than ordinary unfair dismissal. Compare both claim-type pages and process guidance.
Do I have to contact ACAS first?
In most cases, yes. Early Conciliation is usually a required step before filing an ET claim.
What is the band of reasonable responses test?
The tribunal asks whether the employer's decision fell within the range a reasonable employer could have made, not whether the tribunal itself would have dismissed. This is a relatively employer-friendly test.
What is a Polkey reduction?
If the tribunal finds dismissal was unfair on procedure alone but thinks the employer could have dismissed fairly anyway, it can reduce compensation to reflect the chance a fair process would have led to the same outcome.