Here’s a quick checklist to help you decide whether your dismissal was legal or not.
Were you an employee?
YES/NO
You can only claim for unfair dismissal if you were an employee. You can check your employment status on the government website.
Did you work for your employer for at least two years (or one year in Northern Ireland)?
YES/NO
If ‘yes’, you may have the right to challenge your dismissal. If “No”, unless there are some special circumstances, it is unlikely that you can bring a claim. Click here for a list of the special circumstances.
Did you resign by choice?
YES/NO
If ‘yes’, it’s not unfair dismissal (although it could be a constructive dismissal).
Were you suspended but not sacked?
YES/NO
If ‘yes’, it’s not unfair dismissal.
Were you dismissed because you were unable to do the job properly?
YES/NO
If ‘yes’, it may not be unfair dismissal.
Were you dismissed because of your bad behaviour or gross misconduct?
YES/NO
If ‘yes’, it may not be unfair dismissal
Were you dismissed for legal reasons, such as losing your right to work in the UK?
YES/NO
If ‘yes’, it may not be unfair dismissal
Were you made redundant (even if you volunteered)?
YES/NO
If yes, your employer is obliged to follow a proper process. If they didn’t, you may have a case.
Did your employer sack you, with or without notice?
YES/NO
If yes, your employer is obliged to follow a proper process. If they didn’t, you may have a case.
Did they refuse to renew your fixed-term contract?
YES/NO
If yes, your employer is obliged to follow a proper process. If they didn’t, you may have a case.
Did they dismiss you because you asked for your legal rights, such as being paid minimum wage?
YES/NO
If ‘yes’, you will probably have a case for unfair dismissal.
Did they dismiss you because you took action about a health and safety issue, or you ‘blew the whistle’ about their wrongdoing?
YES/NO
If ‘yes’, you will probably have a case for unfair dismissal.
Did they dismiss you because of your trade union activities?
YES/NO
If ‘yes’, you will probably have a case for unfair dismissal.
Were you discriminated against?
YES/NO
If ‘yes’ you will probably have a case against them.
Were you pressured to hand in your notice?
YES/NO
If ‘yes’, it might count as constructive dismissal.
Did your employer demote you, refuse to pay you, force you to accept unreasonable changes, or let people harass you?
YES/NO
If ‘yes’, it might count as constructive dismissal.
Did your employer commit a serious breach of your contract, whether it happened only once or on a series of occasions?
YES/NO
If ‘yes’, it might count as constructive dismissal.
Did your employer terminate your employment in writing, whether by letter, email or text message?
YES/NO
If ‘yes’, you will need to keep copies of all correspondence. All such documents will help your solicitor (us!) to support your claim.
What this means to you
If you want to take action against your employer, you will have to move quickly. The deadline is three months less one day from the date you were dismissed.
Need help?
For a FREE assessment of your claim, call 0808 168 7288 or fill in the contact form on the top right of this page.
We have already helped thousands of people to win millions of pounds in compensation.
You have a choice of ways to pay, including ‘no win, no fee’.