England · Employment Law
Get free, general AI-generated information about employment law at any time. Jen is not a solicitor and the call is not legal advice. For advice on your facts, request a separate £145 consultation with an independent solicitor, subject to availability and conflict checks.
Legal context
Employment law in England includes protections under the Employment Rights Act 1996 and Equality Act 2010. Before bringing most Employment Tribunal claims, a claimant must notify Acas for early conciliation. Many claims have a time limit of three months less one day, but the exact limit and the way early conciliation changes its calculation depend on the claim. From 6 April 2026, the ordinary unfair-dismissal compensatory award is capped at the lower of 52 weeks' gross pay or £123,543. Discrimination compensation is not subject to that ordinary unfair-dismissal cap. Check the current Acas and GOV.UK guidance for your claim.
Key legislation: Employment Rights Act 1996
At a glance
After two years' continuous employment, you're protected against unfair dismissal under the Employment Rights Act 1996. Dismissal must be for a fair reason such as conduct, capability, or redundancy, following proper procedures. Claims must be brought within three months of termination.
Before most Employment Tribunal claims, you must notify Acas for early conciliation. Acas says the process can last up to 12 weeks. Starting early conciliation changes how a tribunal deadline is calculated, so use the dates on the certificate and current official guidance rather than adding a fixed number of weeks.
The Equality Act 2010 prohibits workplace discrimination based on protected characteristics including age, disability, race, and sex. Unlike unfair dismissal, discrimination claims have no qualifying period of employment. Compensation is uncapped and can include injury to feelings awards.
What to do next
Call 999 for immediate danger. At a police station, ask for the duty solicitor. For a deadline, check the responsible court, tribunal or authority now.
Call Jen free, 24/7, to understand terminology, typical process and official routes. The conversation is with AI, not a solicitor.
Request a £145 independent-solicitor consultation. Allocation and timing depend on availability, expertise, jurisdiction and conflict checks.
Common questions
Most employment claims must be submitted within three months less one day from the date of the incident, such as dismissal or discrimination. You must first contact ACAS for early conciliation, which can extend this deadline. Missing time limits usually means losing your right to claim, though tribunals have limited discretion to accept late claims in exceptional circumstances.
Yes, you generally need two years' continuous employment to claim ordinary unfair dismissal at Employment Tribunal. However, some dismissals are automatically unfair regardless of service length, including dismissal for whistleblowing, health and safety complaints, or asserting statutory rights. Discrimination claims also have no qualifying period.
Acas early conciliation is required before most Employment Tribunal claims. Acas may contact the employer to explore settlement and, if the matter does not settle, issues a certificate needed for the claim. Acas says early conciliation can last up to 12 weeks. It changes the deadline calculation, so check the certificate dates and current official guidance.
Yes, you can represent yourself at Employment Tribunal as legal representation isn't required. However, employment law is complex with strict procedures and deadlines. Many claimants benefit from professional advice, particularly for discrimination cases or complex unfair dismissal claims where evidence presentation and legal arguments are crucial.
Unfair-dismissal compensation can include a basic award and a compensatory award for financial loss. For dismissals to which the rate from 6 April 2026 applies, the ordinary compensatory award is capped at the lower of 52 weeks' gross pay or £123,543. Different rules can apply to particular claims, and discrimination compensation is not capped in the same way.
No, Employment Tribunal claims are currently free to submit following the Supreme Court's 2017 ruling that abolished fees. However, you may face costs for legal representation, and in rare cases, tribunals can order you to pay the other side's costs if your claim is vexatious or unreasonable.
Wrongful dismissal is a breach of contract claim, typically for notice pay not given, with no qualifying service period required. Unfair dismissal is a statutory claim requiring two years' service, examining whether the employer acted reasonably. Claims can be brought simultaneously to Employment Tribunal.
Yes, this is constructive dismissal where your employer's fundamental breach of contract forced your resignation. You must resign promptly in response to the breach and have two years' service for unfair dismissal claims. Examples include significant pay cuts, demotions, or serious breaches of trust and confidence.
General information only. It may not apply to your facts, and rules or time limits can change.
Free AI information is available now. Independent legal advice is a separate paid service.