You've just been dismissed.

Here's exactly what to do next.

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What if I was dismissed during probation?

Probation doesn’t change the law — you’re still an employee with full protection. The 2-year qualifying period for unfair dismissal still applies, but you can still claim discrimination and wrongful dismissal.

I’ve already signed something. Can I still claim?

It depends what you signed. A waiver or settlement agreement explicitly covering your claims usually bars them. A general release with unclear scope may leave options. Get legal advice immediately.

What if my dismissal was verbal (no letter)?

It doesn’t matter. A dismissal doesn’t need to be in writing to be valid. If your boss said ‘you’re fired’ and meant it, that’s a dismissal.

What does ‘gross misconduct’ actually mean?

There’s no statutory definition. It’s conduct serious enough to justify summary dismissal — theft, violence, gross insubordination, serious breach of trust. Tribunals assess whether it genuinely was that serious.

My employer offered enhanced redundancy in exchange for signing. Should I take it?

Think carefully. Signing typically forfeits your unfair dismissal claim. Calculate the enhanced offer against what you could win in tribunal, and get advice before signing.

Should I appeal the dismissal internally first?

Often yes — it gives the employer a chance to reconsider and can help your tribunal case. Don’t delay your ACAS notification or ET1 filing while waiting for the appeal.

You've just been dismissed.

Write down everything NOW

Your memory is most accurate today. Document: the exact date of dismissal, the exact words used, who was present, what reason was given, any context leading up to it. Screenshot any relevant messages. This contemporaneous record is admissible evidence.

Calculate your deadline

You have 3 months minus one day from dismissal to file an ET1. Missing this deadline almost always ends your claim. Calculate it now.

Don't sign anything yet

If your employer offers a settlement agreement, you have time. Don't sign until you understand what claims you're waiving and what you're getting in return. Get advice first. A settlement agreement can end your right to claim.

You must notify ACAS before filing an ET1. This starts the "ACAS clock" which pauses your 3-month limitation period. Do this early, not last minute.

Collect payslips, your contract, emails, performance reviews, disciplinary letters, and any messages that are relevant. Do this before you lose access to company systems. Organise everything in date order.

What rights do you have?

Notice period / Payment in lieu of notice

Your employer must pay you for any notice period you were entitled to. If they dismissed you without notice and without paying out, that's a debt owed to you — recoverable regardless of the fairness of the dismissal.

You're entitled to payment for any holiday you accrued but didn't take. This is under the Working Time Regulations 1998. You can pursue this separately from any unfair dismissal claim.

Statutory redundancy (if redundancy)

If you were redundant, you may be entitled to statutory redundancy pay based on age, length of service, and weekly pay. This is owed regardless of the fairness of the dismissal process.

Unfair dismissal claim (if 2+ years)

If you've worked for the employer for 2+ years, you can claim unfair dismissal. This allows you to seek compensation for the loss and injury caused by the dismissal.

Discrimination claim (no qualifying period)

If you were dismissed because of your age, race, sex, disability, religion, sexual orientation, gender reassignment, marriage/civil partnership, pregnancy, or maternity, you can claim discrimination. There's no qualifying period.

Should you accept a settlement?

Only if it's genuinely advantageous. Consider: what are you entitled to claim? How strong is your case? How much could you win? Against that, what's the offer? A settlement agreement must specify the amount and what claims it covers. You have the right to seek legal advice before signing. Use that right.

What if you were under 2 years?

You can't claim unfair dismissal, but you may still have claims available:

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Frequently Asked Questions

What if I was dismissed during probation?

If you're on probation, you still can't be unfairly dismissed. The probation period doesn't change the law — you're still an employee with full protection. The only difference is the 2-year qualifying period for unfair dismissal still applies. So a probationary employee under 2 years has limited unfair dismissal rights, but can claim discrimination and wrongful dismissal.

I've already signed something. Can I still claim?

Depends what you signed. If it's a waiver or settlement agreement that explicitly covers the claims you want to make, it probably bars your claim. If it's a general release with unclear scope, you may still have options. Get legal advice immediately. Don't assume you're bound.

What if my dismissal was verbal (no letter)?

Doesn't matter. A dismissal doesn't need to be in writing to be valid. If your boss said "you're fired" and meant it, that's a dismissal. You're not owed a written confirmation, though best practice (and statute for large employers) requires it. A verbal dismissal is still a dismissal.

What does "gross misconduct" actually mean?

There's no statutory definition. "Gross misconduct" is conduct serious enough to justify summary dismissal (instant dismissal without notice). Theft, violence, gross insubordination, serious breach of trust — the tribunal will assess whether it genuinely was gross enough. Employers sometimes overuse the term.

My employer offered enhanced redundancy in exchange for signing. Should I take it?

Think carefully. Enhanced redundancy is extra money beyond statutory entitlement. But if you sign a settlement agreement covering redundancy, you lose the right to claim unfair dismissal for that redundancy (though discrimination claims might survive). Calculate: what's the enhanced offer? What could you win in tribunal? Get advice before signing.

Should I appeal the dismissal internally first?

It depends. If the company has an appeal process, using it may be wise — it gives them a chance to reconsider and can help your tribunal case if the appeal shows the original decision was unreasonable. But don't delay your ACAS notification or ET1 filing to wait for an appeal. Use the ACAS early conciliation period to your advantage while pursuing internal remedies.

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