What to do if you believe you’ve been unfairly dismissed - your rights and next steps

Dismissal is one of the most stressful experiences a person can face in their professional life. When that dismissal feels unjust, the instinct is often to react emotionally. However, the steps you take immediately after dismissal are critical to the success of any future legal claim.

We spoke to Andrew Buckley, Equity Partner and Head of Employment at Woodfines, to discuss the essential dos and don’ts of unfair dismissal and how the legal landscape is shifting in 2026.

Keep a Record of Everything 

If you’ve just been told you’re being dismissed and suspect it’s unfair, start documenting everything.

• Make thorough notes: Write down exactly what was said as soon as possible. Memories fade, but notes made at the time carry significant weight in an employment tribunal if evidence is disputed.
• Request a written statement: You’re entitled to a written explanation of why you were dismissed. Always ask for this if you haven’t been given it.
• Check your insurance: Many people don’t realise they may have legal expenses insurance (often tucked away in home insurance policies) that could cover the cost of a solicitor in the event of dismissal.

Follow the Internal Appeal Process

One of the most common mistakes employees make is walking away without appealing the decision internally.

“If you don’t follow the internal appeal process, an employment tribunal can actually reduce your compensation for failing to do so,” warns Andrew.

Appealing is an opportunity to point out defects in the process or reasoning. It might even result in the decision being overturned before it reaches a tribunal.

Preserve Evidence

Before you lose access to company systems, ensure you have copies of:

• The disciplinary invite letter.
• The company handbook (specifically the disciplinary/grievance procedures).
• Minutes from any meetings.
• Any evidence supplied during the process.

Andrew offers a word of caution when it comes to privacy: “In the digital age, anything you put in writing (outside of communication with your solicitor) is potentially disclosable in a tribunal. Avoid using work emails for private venting or sensitive storage.”

Above all, Remain Professional

No matter how angry or upset you feel, do not let your behaviour undermine your case as this can negatively impact your credibility and any potential payout.

• Don’t be rude, abusive or threatening.
• Do maintain a professional manner.

Get Legal Advice

Employment law is complex. A solicitor can help you navigate those complexities and achieve the best possible outcome for you and your situation.

Andrew says: “At Woodfines, we’re committed to delivering a high level of service and providing clear, practical advice in an approachable manner, working with you to understand your objectives and providing the best solution for you. From your first meeting to the final resolution of your case, our team is there to provide the expert legal advice and support you need.”

Frequently asked questions

How quickly do I need to make a claim for unfair dismissal?

Generally speaking tribunal claims need to be brought within 3 months of the date of dismissal.  This period of time can be extended by time spent in ACAS early conciliation (see below).

Is there a qualifying period to bring a claim for unfair dismissal?

There’s been a lot of discussion around the qualifying period for unfair dismissal, with talks of a move towards a six-month protection window. As of early 2026, the two-year qualifying period is still the primary benchmark for standard unfair dismissal claims.

However, some reasons for dismissal are recognised as automatically unfair, meaning you are protected from day one. These include:

• Whistleblowing.
• Health and safety issues.
• Exercising statutory rights.

Is the ‘Three Strikes’ rule a myth?

Many employees believe they are entitled to three warnings before they can be fired. While a staged approach is common for poor performance, it isn’t a hard rule. For example, in the event of gross misconduct, you can be fired for a first-time offence if the behaviour is severe enough.

What is Acas and how can it help?

Before a claim can reach a tribunal, it must go through Acas Early Conciliation.

“It was brought in to reduce the burden on the tribunal system,” Andrew explains. During early conciliation, an Acas conciliator tries to help you reach a legal agreement with your employer. This can help you avoid going to an employment tribunal.

While it can feel intimidating, it is often your best chance to settle. For employers, defending a case can cost £30,000-£40,000 in legal fees and management time; often, it’s sensible for them to settle even if they have a strong defence.

Think you’ve been unfairly dismissed? Don’t walk away empty handed

When you’re facing workplace issues, don’t go it alone. From internal appeals to Acas Early Conciliation, we provide the clear, practical support you need to navigate the complexities of employment law.

Speak with our employment specialists today. We’ll help you understand your objectives and provide a professional, approachable solution to resolve your case.