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.
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 the appeal process isn’t followed correctly, an Employment Tribunal can actually reduce your compensation for failing to do so.
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.
- Th e company handbook (specifically the disciplinary/grievance procedures).
- Minutes from any meetings.
- Any evidence supplied during the process.
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, and do maintain a professional manner.
Frequently asked questions
How quickly do I need to make a claim for unfair dismissal?
Generally speaking tribunal claims need to be brought within three 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. Acas was brought in to reduce the burden on the tribunal system. 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 to £40,000 in legal fees and management time; often, it’s sensible for them to settle even if they have a strong defence. If you 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 Woodfines’ employment specialists, we’ll help you understand your objectives and provide a professional, approachable solution to resolve your case and help you achieve the best possible outcome for your situation.
Find out more at employment@woodfines.co.uk or visit the website.
Head of Employment
Woodfines Solicitors
