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This information applies to England, Wales, Scotland and Northern Ireland
Steps to work through to identify an unfair dismissal
A dismissal may be fair or unfair depending on the circumstances of the dismissal.
You need to work through the following steps to identify whether you can make a claim for unfair dismissal:-
When making a claim to an employment tribunal (industrial tribunal in Northern Ireland), the claim for unfair dismissal must always be made within a very strict time limit - see under heading How to make a claim for unfair dismissal to an employment tribunal.
In all cases, if you make a claim of unfair dismissal to an employment tribunal (industrial tribunal in Northern Ireland) and you win your claim, the employment tribunal (industrial tribunal in Northern Ireland) can award you compensation for the unfair dismissal from your employer and/or tell your employer to give you your job back. It is very rare, however, for tribunals to tell employers to give an employee their job back. It is much more usual for the tribunal to award compensation to the employee.
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Step one: who cannot claim unfair dismissal
There are some employees who can never claim unfair dismissal. They are:-
- people who are not employees, such as independent contractors or freelance agents. Employers often claim that people who are actually employees are self-employed. It is important to check the relationship between the employee and their ‘employer’, because this will determine the employee’s actual employment status
For more details, see under heading Are you an employee or self-employed in Contracts of employment.
- police officers
- members of the armed forces
- share fishermen
- people who work outside Great Britain
- registered dock workers
- employees above the normal retirement age (see below).
Unfair dismissal and retirement
You can't make a claim for unfair dismissal if you are forced to retire at the normal retirement age, as long as your employers have followed certain procedures.
Normal retirement age for most people, both men and women, is 65. For some people it may be higher than this, depending on your contract of employment. Normal retirement age should not usually be lower than 65, unless you work in the armed forces.
However, it is likely to count as unfair dismissal and age discrimination if your employers try to make you retire before the normal retirement age, or if they don't follow the proper procedures.
For more information about retirement and unfair dismissal, see Age discrimination at work.
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Step two: have you actually been dismissed
What counts as dismissal
You are dismissed when your employer brings the contract of employment to an end.
All the following count as dismissal:-
- your employer ends your employment with or without notice
- your employer does not renew a fixed term contract that has run out
- you are made redundant, including if you take voluntary redundancy
- your employer refuses to take you back after a strike or lockout
- constructive dismissal. This is when your employer makes it impossible for you to carry on working so you resign (see below)
- you resign under pressure from your employer (see below)
- if you are a woman on maternity leave, and your employer refuses to allow you to return to work after maternity leave
- self dismissal. An employer may argue that you have dismissed yourself by behaving in a way that brings the contract to an end. However, unless it is obvious that you have actually resigned, you will have been dismissed by your employer
- you have been laid off or put on short time working when your contract does not allow for this.
If you are an employee who wants to claim redundancy after a lay off or period of short time working, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
What does not count as dismissal
If you are in any doubt at all as to whether you have been unfairly dismissed, you must seek advice from an experienced adviser as soon as possible, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB. This is because any claim for unfair dismissal must be made to an employment tribunal within three months of the date of the dismissal.
The following will not count as dismissal:-
- you resign without any pressure from your employer or leave by mutual agreement (but see below)
- you are suspended on full pay
- your employer withdraws a job offer before you start work (see below)
- circumstances change and you can no longer continue to work for your employer. This is known as frustration of contract (see below)
- you are laid off or put on short-time working and your contract allows for this, and then you claim redundancy. You are then actually resigning
If you are an employee in this situation you should consult immediately an experienced advisor, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
- you receive an ambiguous dismissal from your employer and it is not clear if the employer is dismissing you or not.
What does not count as dismissal - resignation
It is important to remember that what is called a ‘resignation’ may really be a dismissal. Whether the employee has resigned or they have been dismissed depends on who really terminated the employment contract.
Normally, if you resign, you bring the employment contract to end and so you have not been dismissed. However, there are circumstances where, although you have resigned, you will still be treated as being dismissed. This could be:-
- if you resigned under pressure from your employer
If you have been forced under pressure to resign, you should consult an experienced adviser immediately, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
- if no notice has been given but it is clear that dismissal is imminent, for example, your work is being given to other people. This could be constructive dismissal (see below)
- if you resigned in the heat of the moment, for example, during an argument, and your employer will not subsequently agree to let you retract your resignation, or if you gave an ambiguous statement which your employer has taken to mean a resignation, and will not allow you to retract it.
If you are in any of these situations you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
What does not count as dismissal - suspension on full pay
If you are suspended, for example, to await the outcome of a disciplinary hearing, your contract of employment will continue to run until either you resign or are dismissed.
If you are in this situation you should consult an experienced adviser immediately, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
What does not count as dismissal - withdrawal of a job offer
Where an employer has made an offer of a job to you, but subsequently changes their mind, you may be able to claim compensation if the job offer was unconditional. You may be able to claim compensation for giving up your old job.
If the job offer was conditional, for example, it was made subject to references or medical examination, and these were unsatisfactory, you will not be able to claim compensation.
What does not count as dismissal - frustration of contract
Frustration of contract happens when an employee cannot fulfil their contractual obligations because of an unforeseen change of circumstances. If a contract has been frustrated, this means that it no longer exists and neither the employer nor the employee has any obligations under it. There is therefore no dismissal.
The two most common ways in which a contract may be frustrated are long-term sickness or injury of the employee, and imprisonment of the employee.
It is common for employers to claim that the employment contract has been frustrated when they are actually dismissing an employee unfairly. If your employer is trying to claim the contract has been frustrated, you must consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Constructive dismissal
Constructive dismissal occurs if you resign because your employer breaches the employment contract, by taking action such as cutting your pay, changing your working conditions, and so on, and so makes it impossible for you to continue working.
Is very difficult to make a claim for constructive dismissal, and if you think it is impossible for you to carry on working you should seek help from an experienced adviser immediately, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB. This is because there is a time limit from the date of dismissal within which you must make a claim.
For more information in England, Wales and Scotland about your rights when your employer makes changes to your employment contract, see Changes to employment contracts in Employment fact sheets.
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Step three: have you been discriminated against
You may believe that you have been dismissed because of because of your sex, race, disability, religion, sexuality or age.This is discrimination. You can make a claim for discrimination to an employment tribunal (or industrial tribunal in Northern Ireland) instead of, or in addition to, a claim for unfair dismissal. You do not have to have worked for any particular length of time to be able to claim discrimination.
If you have been dismissed for a discriminatory reason you will almost always have been unfairly dismissed as well. However, in order to claim unfair dismissal, you will need to have worked for your employer for one year.
For more information about race discrimination, see Taking action about race discrimination.
For more information about sex discrimination, see Taking action about sex discrimination.
For more information about discrimination because you're disabled, see Disability discrimination.
For more information about discrimination because of sexuality or religion, see Discrimination because of sexuality, religion or age.
For more information about age discrimination, see Age discrimination at work.
In England, Wales and Scotland, see also What can I do if my employer treats me unfairly because of my religion or belief? and What can I do if my employer treats me unfairly because of my sexuality? in Employment fact sheets.
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Step four: what is the reason for the dismissal and is it one which means the dismissal is automatically unfair
The reason for the dismissal decides what action you can take. The reason your employer has given you may not be the real reason for the dismissal.
In most circumstances, if your employer wants to dismiss you, they must follow proper dismissal and disciplinary procedures laid down by law. If they do not, and you have worked for your employer for at least a year, your dismissal will be automatically unfair - see under heading Procedure your employer must follow when dismissing or disciplining you.
Automatically unfair dismissal, where it does not matter how long you have worked for the employer
If the reason for the dismissal was any of those listed below, an employment tribunal (industrial tribunal in Northern Ireland) will automatically decide that the dismissal was unfair. If you were dismissed for one of the following reasons you can still claim unfair dismissal regardless of how long you have worked for the employer and regardless of how old you are:-
- pregnancy. If you are dismissed because you are pregnant or on maternity leave or a related reason
For more information, see Parental rights at work
- if you are dismissed for trying to enforce a right you have under law, you will automatically be treated as having been unfairly dismissed
For more information about statutory employment rights, see Basic rights at work
- if you are dismissed for taking action over a health and safety issue
If you think you may be dismissed if you report a danger to health and safety at the workplace, or if you think you have been dismissed for a health and safety reason, you should consult an experienced adviser immediately, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
- it's against the law to dismiss some shop and betting shop workers just for refusing to work on a Sunday
- if you are a trustee of an occupational pension fund
- if you are a trade union member or have taken part in trade union activities including official industrial action, or have acted as an employees’ representative
- if you have ‘blown the whistle’ on a matter of public concern at work
If you have been dismissed for one of the above reasons and want to take a claim to an employment tribunal (industrial tribunal in Northern Ireland), you should seek the help of an experienced adviser as soon as possible, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB. This is because a claim to a tribunal must be made within three months of the date of the dismissal.
Automatically unfair dismissal, where you must have worked for your employer for one year
If you have not been dismissed for one of the reasons listed above but have been dismissed for one of the following reasons, and have worked for your employer for at least a year, an employment tribunal (industrial tribunal in Northern Ireland) will find that you have automatically been unfairly dismissed:-
- your employer has not followed a proper dismissal procedure before dismissing you - see under heading Procedure your employer must follow when dismissing or disciplining you.
- transfer of the employer’s business. If the dismissal is as a result of the business you work for having been taken over by a new owner, the dismissal will be automatically unfair and you can make a claim provided you have worked there for one year
- not declaring a spent conviction.
If you think that the reason for your dismissal may be one of the above, you should immediately consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB. This is because a claim to an employment tribunal (industrial tribunal in Northern Ireland) must be made within three months of the date of the dismissal.
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Step five: is the reason for the dismissal one which is not automatically unfair
If you have not been dismissed for one of the reasons above (see under heading Step four: What is the reason for the dismissal and is it one which means the dismissal is automatically unfair), then the dismissal may have been fair or unfair depending on the reason for it and the procedures followed by your employer in dismissing you. If the reason for the dismissal was not one of those above (see under heading Step four: What is the reason for the dismissal and is it one which means the dismissal is automatically unfair), you will have to have worked for one year for your employer in order to make a claim to an employment tribunal (industrial tribunal in Northern Ireland).
Reasons for claiming unfair dismissal where you will have to have worked for one year to be able to claim are:-
- your employer says you are not capable of doing the job (see below)
- your employer says you do not have the necessary qualifications to do the job (see below)
- your employer says your conduct has been poor (see below)
- your employer says you have done something illegal (see below)
- your employer says you are redundant (see below)
- some other reason your employer has given for dismissing you.
It is important to remember that there is a three month time limit, starting from the date the employee is dismissed, during which s/he must make a claim to an employment tribunal (industrial tribunal in Northern Ireland) (see under heading What to consider if making a claim for unfair dismissal). If you are an employee in any of the above situations and wish to claim unfair dismissal you should consult immediately an experienced adviser for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Your employer says you are incapable of doing the work, including illness
This may relate to the level of skill needed to do the particular job or to the fact that you have been ill and so your employer thinks you are not capable of doing the work.
Some employees who are ill may be protected by the Disability Discrimination Act.
If you have been dismissed for a capability reason, you should seek advice from an experienced adviser as soon as possible, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB. This is because any claim to an employment tribunal needs to be made within three months of the date of the dismissal.
Your employer says you do not have the necessary qualifications to do the job
You may be dismissed because you are not qualified, or are no longer qualified, to do your job. For example, if your job involves a lot of driving and you have lost your driving licence. Whether this will be a fair reason to dismiss you will depend on, in this case, how much driving the job involved, whether anyone else could have done the driving, how long you had lost your licence for, and so on. The employment tribunal (industrial tribunal in Northern Ireland) would decide whether the dismissal was fair or unfair, taking into account all the circumstances of the case.
If you have been dismissed for a reason to do with lack of qualifications, you should seek advice from an experienced adviser as soon as possible, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB. This is because any claim to an employment tribunal (industrial tribunal in Northern Ireland) needs to be made within three months of the date of the dismissal.
Your employer says your conduct is poor, including gross misconduct
Certain types of behaviour by an employee are thought to be unacceptable and if the employee has behaved in this way, any dismissal as a result will probably be fair. Some forms of unacceptable behaviour are known as gross misconduct and include theft at work, violence at work, harassment (such as sexual or racial harassment) of other employees or customers, and breach of health and safety rules.
Others types of behaviour which have been found to be misconduct include the following list. Whether the dismissal which results from such behaviour is fair or not will depend on the circumstances of the case and the employment tribunal (industrial tribunal in Northern Ireland) would decide this taking into account all the circumstances of the case:-
- time-keeping and absenteeism
- refusal to obey a reasonable instruction from the employer, for example, refusing to wear particular clothing at work where the clothing is needed for health and safety reasons
- insolence or rudeness, including use of bad language. Things said in the heat of the moment would not usually justify a dismissal
- carelessness. If an employer has previously accepted poor standards from an employee without any warning, then dismissing them for another example of carelessness is likely to be an unfair dismissal
- criminal activity at work
- fighting or violence at work. An employment tribunal (industrial tribunal in Northern Ireland) would look at all the circumstances of the case, such as whether the employee was acting in self defence, whether they were provoked, how previous incidents of fighting have been dealt with by the employers
- drinking or using/taking drugs during working hours (including possessing drugs or drink at work) and sometimes out of work, is usually treated as gross misconduct but will depend on the circumstances of each case. For example, if the employee works in a workplace where everyone goes for a drink on Friday lunchtime and all come back for work late, it would be unfair for the employer to pick on any one employee to take action against.
If you have been dismissed for a reason to do with misconduct, you should seek advice from an experienced adviser as soon as possible, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB. This is because any claim to an employment tribunal (industrial tribunal in Northern Ireland) needs to be made within three months of the date of the dismissal.
Your employer says you have been made redundant
Employers often claim that an employee is redundant when this is not true, and the employee has actually been unfairly dismissed. The law on whether the redundancy is genuine or not is very complex, and in order for a redundancy to be a fair reason for dismissal, an employer would need to show to an employment tribunal (industrial tribunal in Northern Ireland) that:-
- it was a genuine redundancy; and
- the employer consulted properly with all the affected employees. There are rules under law about how such consultation must be carried out; and
- the employee was fairly chosen for redundancy out of all the other employees; and
- the employer has offered any suitable alternative employment which was available to the employee.
If you have been dismissed for a reason to do with redundancy, you should seek advice from an experienced adviser as soon as possible, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB. This is because any claim to a tribunal needs to be made within three months of the date of the dismissal.
Procedure your employer must follow when dismissing or disciplining you
In England, Wales and Scotland, your employer must follow a set procedure when dismissing or disciplining you. If they do not, any dismissal will be automatically unfair and you will be able to make a claim for unfair dismissal to an employment tribunal (as long as you have worked for your employer for at least a year). If you win your case, the tribunal will increase the compensation awarded to you because your employer did not follow the procedure.
In England, Wales and Scotland, for more information about the procedures your employer must follow when dismissing or disciplining you, see What you need to know, Dealing with grievances, dismissal and disciplinary action at work.
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Procedure your employer must follow when dismissing or disciplining you
In most circumstances, if your employer wants to dismiss you or discipline you, they must follow proper dismissal and disciplinary procedures laid down by law. Before dismissing or disciplining you, your employer must:
- send you a written statement, telling you why they want to dismiss or discipline you
- hold a meeting with you to discuss the matter
- hold an appeal meeting with you, if you want to appeal against your employer's decision.
After the meeting with you, or the appeal meeting if there is one, your employer must make a final decision about what they are going to do, and tell you what it is.
If they are dismissing you, your employer must tell you when the dismissal is to take effect, and how much notice they are giving you. They do not have to do this in writing, but it would be good practice to do so. Notice of dismissal must be given directly to you and not through a third party, for example your trade union.
If you are not happy with your employer's decision and you think your rights have been ignored, you may be able to take your case to an employment tribunal. You must comply with the dismissal and disciplinary procedure first. If you do not, any future award you get from a tribunal may be reduced. If your employer does not follow the proper procedures, any dismissal will be automatically unfair and you will be able to make a claim for unfair dismissal to an employment tribunal (as long as you have worked for your employer for at least a year). If you win your case, the tribunal will increase the compensation awarded to you because your employer did not follow the procedure.
For more information about the procedures your employer must follow when dismissing or disciplining you, see What you need to know, Dealing with grievances, dismissal and disciplinary action at work.
If you think your employer did not follow proper procedures before dismissing you, you should consult an experienced adviser, for example at a Citizens Advice Bureau, immediately. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.nearest CAB. This is because there is a three month time limit, from the date you are dismissed, during which you must make a claim for unfair dismissal to a tribunal.
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Working out if you have worked for one year and if you can therefore claim unfair dismissal
Length of service is calculated in months and years, starting from the day you began to work for your employer, and ending on the qualification date. For unfair dismissal purposes, only employment from the date of your sixteenth birthday counts towards length of service.
The qualification date is:-
- the last day you actually work if either you or your employer gives the correct notice and you work out your notice. See below if correct notice was not given
- the last day you actually work if your employer has made a payment in lieu of notice which is correct. See below if the correct notice/pay in lieu of notice was not given
- where a fixed term contract runs out and is not renewed, the date the contract runs out.
There are special rules about what counts as a legal contract of employment. If you are not sure if you have worked for one year or not, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
If you were not given the right notice
If you were dismissed without being given the legal notice you are entitled to, then the dismissal date is counted as the day that your notice would have run out. So if, for example you were entitled to two weeks notice, and your employer told you that you are dismissed with immediate effect on 2 June, you need to add two weeks to that date to work out your actual length of employment. So in this example, your employment would be treated as ending on 16 June because you are entitled to two weeks notice.
The required legal minimum notice is:-
- one week if you have been employed for at least one month but less than two years
- two weeks if you have been employed for two years
- three weeks for three years, and so on up to twelve weeks. After twelve years service, the statutory notice period is twelve weeks.
For more information in England, Wales and Scotland about your rights to notice when you are dismissed from work, see Notice of dismissal from work in Employment fact sheets.
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What to consider if making a claim for unfair dismissal
If you are thinking about making a claim for unfair dismissal, you should consider the following points.
Level of compensation
Compensation is normally made up of a basic award and a compensatory award.
How much is the basic award
For the basic award the tribunal gives:-
- half a week’s gross basic pay for each year of service in which you were below the age of 22
- one week’s gross basic pay for each completed year of service between the ages of 22-41
- one and a half weeks’ gross basic pay for each year of service over the age of 41.
The maximum number of years which can be compensated is 20. The maximum amount of weekly gross pay which can be taken into account is £330. Any money earned above this sum is disregarded. The maximum basic award is £9,900 (£330 x 1.5 x 20), for a termination date on or after 1 February 2008).
How much is the compensatory award
The compensatory award is made to compensate for loss of earnings. This can include net pay, fringe benefits, overtime and bonuses. It can also include loss of pension rights and loss of statutory rights. The amount of any jobseeker’s allowance or income support the employee has received since the dismissal will be deducted from the award. The maximum compensatory award for loss suffered following a dismissal is £63,000 (for date of termination on or after 1 February 2008).
If you need further advice on the amount of any award you are likely to receive, and if you wish to make a claim to a tribunal, you must see an experienced adviser immediately, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB. This is because there is a three month time limit during which you must make a claim to a tribunal.
Can the employment tribunal order that you get your job back
Unless you think that your employer may be prepared to negotiate, making a successful claim to an employment tribunal (industrial tribunal in Northern Ireland) is probably the only way you can get your job back. However, very few tribunals order re-employment.
If you want to claim re-employment, you must consult an experienced adviser immediately, for example, at a Citizens Advice Bureau. This is because a claim to an employment tribunal must be made within three months of the date of dismissal. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
ACAS Arbitration Scheme (LRA Arbitration Scheme in Northern Ireland)
The ACAS Arbitration Scheme (LRA Arbitration Scheme in Northern Ireland)is designed for straightforward unfair dismissal cases. ACAS claims that their scheme is quicker and more informal than a tribunal hearing, but, in opting for the scheme, you waive your right to go to an employment tribunal. There is also no right of appeal.
If you are considering using this scheme, you should consult an experienced adviser immediately, for example, a Citizens Advice Bureau. This is because a claim to an employment tribunal must be made within three months of the date of dismissal. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
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How to make a claim for unfair dismissal to an employment tribunal
The three month time limit
An employee who believes that they were unfairly dismissed must make a complaint to an employment tribunal (industrial tribunal in Northern Ireland) within three calendar months of the date of dismissal.
There are special rules to extend the time limit if you are going through a dismissal or disciplinary procedure with your employer, or if you have raised a grievance with your employer (for more information, see What you need to know, Dealing with grievances, dismissal and disciplinary action at work.)
The date of the dismissal for calculating the three months time limit will be:-
- if you were given statutory or contractual notice, the date of dismissal is the date when the notice period ends
- if you were dismissed without statutory or contractual notice, the date of dismissal is the date you were dismissed (not the date your notice would have run out had you been given it)
- if you are given pay in lieu of notice instead of being allowed to work your notice, the date of dismissal is the last day you work
- if you have a fixed term contract and the contract runs out, the date of dismissal is the date the fixed term runs out.
If you are unsure about which is the actual date of dismissal, the last day of work should be treated as the start of the three month time limit.
If you wish to make a claim, you must consult an experienced adviser immediately, for example, at a Citizens Advice Bureau. This is because a claim to an employment tribunal must be made within three months of the date of dismissal. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
For more information in England, Wales and Scotland about your rights to notice when you are dismissed from work, see Notice of dismissal from work in Employment fact sheets.
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What is wrongful dismissal
If your employer does not give you the rights you are entitled to under your contract of employment, for example, your employer does not give you the correct notice of dismissal that you are entitled to under your contract, this is known as a breach of contract.
Your employer may pay you an amount of money as compensation instead of giving you notice of dismissal or allowing you to work out your notice. This is called pay in lieu of notice. If there is a term in your contract which allows your employer to pay you pay in lieu of notice instead of giving you notice, then provided you are paid the correct amount of pay in lieu, there will be no breach of contract.
If your employer does not give you the correct notice and does not pay in lieu instead, or does not pay the right amount of pay in lieu of notice, you may be able to claim compensation for the breach of the contract by making a claim for wrongful dismissal. You can make a claim for breach of contract to the employment tribunal (industrial tribunal in Northern Ireland) at the same time as making a claim for unfair dismissal. Compensation for breach of contract will be in addition to any compensation you can also claim for unfair dismissal. Your employer should follow the three-step dismissal procedure before dismissing you. Otherwise, the dismissal will be automatically unfair and you will be entitled to extra compensation.
For more information about the three-step dismissal procedure, see Dealing with grievances, dismissal and disciplinary action at work.
You can claim compensation for breach of contract for other things, such as if your employer takes back your company car when it is a term of the contract that you have a company car for all the time that you are an employee (including your notice period).
If you are thinking about making a claim for unfair and/or wrongful dismissal, you should consult an experienced adviser immediately, for example, at a Citizens Advice Bureau. This is because a claim to an employment tribunal must be made within three months of the date of dismissal. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
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