Unfair dismissal after raising grievance

Hello there. I am Gemma, a friendly legal assistant here at Lawyer Destroyer. I would be extremely happy to help you with this.

Being sacked after raising a grievance is incredibly stressful, but you may indeed have grounds to make a claim. Whether you can claim unfair dismissal usually depends on how long you worked for your employer and exactly what your grievance was about.

The two-year rule:

In general employment law in England and Wales, you usually need to have worked for your employer for at least two continuous years to bring a standard claim for unfair dismissal. If you have been there for two years or more, your employer needs a fair reason and a fair process to dismiss you. Sacking you simply because you brought a genuine workplace grievance would normally be considered unfair.

If you have worked there for less than two years:

If you have less than two years of service, you might still be able to claim what is called automatically unfair dismissal, but only if your grievance was about certain specific legally protected rights.

For example, if your grievance was about discrimination, harassment, or a breach of the Equality Act, being sacked for raising it is known as victimisation. You do not need two years of service to claim this.

Similarly, if your grievance was about not receiving the National Minimum Wage, illegal practices, or a serious health and safety risk, raising the issue might count as whistleblowing or asserting a statutory right. Again, no minimum length of service is required to make a claim in these circumstances.

Important time limits:

Employment law has incredibly strict deadlines. You only have three months less one day from the exact date your employment ended to start the legal process.

Practical next steps:

1. Check your dates. Write down exactly when you started, when you were told you were dismissed, and when your notice period ends or ended. This will tell you if you meet the two-year rule and exactly when your three-month deadline is.

2. Gather your evidence. Collect a copy of the grievance you submitted, any emails or messages relating to it, your dismissal letter, and your employment contract. Do this as soon as possible while you still have access to the relevant information.

3. Appeal the dismissal. If your employer gave you the right to appeal your dismissal in your termination letter, it is usually a good idea to submit a clear, written appeal. This shows you have tried to act reasonably and resolve things internally.

4. Contact Acas. Before you can take a claim to an Employment Tribunal, you must formally notify Acas. They run a free service called Early Conciliation, which tries to help you and your former employer reach a financial settlement or other agreement without having to go to a tribunal.

5. Consider an Employment Tribunal. If Acas Early Conciliation does not work, or if your employer refuses to participate, Acas will issue you a certificate. You can then use this certificate to submit your formal claim to the Employment Tribunal, provided you do so before your legal deadline expires.