Challenge your dismissal

Summary

You might be able to get your employer to keep paying your wages if you've been unfairly dismissed for certain reasons, like: Talk to an adviser if you’re considering challenging your dismissal - an adviser can help you work out if you have a genuine claim, and your chances of winning it. You can try speaking with your employer to see if they will consider other options, like extra training or completing a probationary period. If you’re not comfortable speaking to your employer alone, you can get help from a trade union or other organisations. They can go to meetings with you and help negotiate with your employer. If your company has an appeal process, you can formally appeal your dismissal. Check your intranet or staff handbook, or speak to HR to see what you need to do. Start your appeal as soon as you can, as there's a time limit if you later want to take legal action. The first step to legal action is a process called 'early conciliation' \- you need to start it within 3 months less 1 day of the day you're dismissed. If you're running out of time, you can start early conciliation even if your appeal hasn't finished. Even if you win your appeal, returning to your job might not.

Key information

• got an early conciliation certificate from Acas
• You might be able to get your employer to keep paying your wages if you've been unfairly dismissed for certain reasons, like:
• Talk to an adviser if you’re considering challenging your dismissal - an adviser can help you work out if you have a genuine claim, and your chances of winning it.
• You can try speaking with your employer to see if they will consider other options, like extra training or completing a probationary period.
• If you’re not comfortable speaking to your employer alone, you can get help from a trade union or other organisations. They can go to meetings with you and help negotiate with your employer.
• If your company has an appeal process, you can formally appeal your dismissal. Check your intranet or staff handbook, or speak to HR to see what you need to do.
• Start your appeal as soon as you can, as there's a time limit if you later want to take legal action. The first step to legal action is a process called 'early conciliation' \- you need to start it within 3 months less 1 day of the day you're dismissed. If you're running out of time, you can start early conciliation even if your appeal hasn't finished.
• Even if you win your appeal, returning to your job might not be the best outcome for you. For example it might be better to leave with a good reference than stay in a job where you don’t feel fairly treated.
• If you've appealed or your employer doesn’t have an appeal process, you might be able to get help from an organisation called Acas.
• They'll see if your employer will agree to a free process called ‘early conciliation’ - a way to resolve disputes without going to a tribunal.
• You only have 3 months less a day from being dismissed to begin early conciliation or tell Acas you intend to make a tribunal claim.

Practical guidance

• Source: Challenge your dismissal

Related topics

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• Challenge your redundancy
• Check how much redundancy pay you can get
• Check what happens if you win your employment tribunal case
• Check what it might cost to make an employment tribunal claim