When can I claim unfair dismissal?
Unfair dismissal claims have strict time limits. You need a minimum service requirement and must act quickly. But remember: if you were dismissed for a protected reason (pregnancy, whistleblowing, discrimination), the service requirement doesn't apply—you can claim immediately.
Service requirement
Current (until 31 December 2026): You need 2 years continuous service with your employer.
From 1 January 2027: This drops to just 6 months. This is a major change—many more people will be protected.
Continuous service: Time off for legitimate reasons (sick leave, holiday, maternity leave, agreed unpaid leave) counts towards the 2 years. It doesn't break continuity.
Starting date: Service is counted from your official start date (first day of work), even if you had a probation period.
Time limit to claim
3 months minus 1 day. From the date you were dismissed, you have 3 months minus 1 day to contact ACAS and start early conciliation. After that, you cannot make a claim (with very limited exceptions).
Example: Dismissed on 15 May → deadline is 14 August. Ring ACAS by then or lose the right to claim.
Acutally dismissed vs notice period: The clock starts from when you actually stop working, not from when your notice period would have ended (if you were asked to leave immediately).
Exceptions: No service requirement needed
If you were dismissed for certain protected reasons, there is NO service requirement. You can claim from day one:
- Pregnancy or maternity
- Whistleblowing
- Trade union activity
- Jury service
- Asserting statutory rights (minimum wage, working time)
- Health and safety concerns
- Discrimination (age, sex, race, disability, etc.)
- Gender reassignment or marriage/civil partnership
How to start the clock
Contact ACAS before the 3-month deadline. Call 0300 123 1100. They will register your claim for early conciliation. The clock stops once ACAS is involved, giving you time to negotiate.
Once conciliation is underway: ACAS has one month to try to help you and your employer agree. If successful, great. If not, ACAS issues a certificate after one month (or when both parties agree to stop).
After conciliation ends: You have 3 months from the date of the ACAS certificate to submit your ET1 form (tribunal claim) to the Employment Tribunal.
What if you miss the deadline?
Usually you lose the right to claim. There are very limited exceptions—only if it was not reasonably practicable for you to meet the deadline (e.g. serious illness, emergency abroad). Forgetfulness doesn't count.