What is a letter before action?

A letter before action (LBA) is a formal notice sent before starting court proceedings. It sets out your claim, the legal basis (e.g. Consumer Rights Act 2015, Housing Act 1988), the remedy you seek, and a deadline to respond — typically 14 days. Civil Procedure Rules require this step before most court claims, and courts take a dim view of parties who skip it.

Can I write my own legal letter?

Yes. You do not need a solicitor to write a legal letter. What matters is citing the correct legislation, stating your claim with precise dates and amounts, and giving a clear deadline. A well-drafted letter citing the right Act and section often resolves disputes without court proceedings — and costs nothing extra to send.

Does a legal letter actually work?

In many cases, yes. Most businesses, landlords, and employers respond when they receive a formally worded letter that cites specific legislation and mentions court or tribunal proceedings as the next step. It signals you know your rights and are prepared to escalate — which is often enough to get a resolution.

What UK legislation covers consumer complaints and refunds?

The Consumer Rights Act 2015 is the primary law. Section 9 requires goods to be of satisfactory quality; section 20 gives you the right to a full refund within 30 days if goods are faulty. For services, section 49 requires reasonable care and skill. For distance/online purchases, the Consumer Contracts Regulations 2013 give you a 14-day cooling-off period.

26 July 2026

Sacked or Dismissed Unfairly? Your Rights, the Deadline, and What You Can Actually Claim (UK)

Losing your job is bad enough. Being told it was “your fault” when the real story is a manager who wanted rid of you, a process that skipped every step, or a reason that does not stand up — that is something else. But here is the first thing to understand, because it saves a lot of wasted anger: a dismissal being unfair to you as a human being is not the same as it being legally unfair. The law has a specific test, specific deadlines, and two different claims that people constantly mix up.

General information for Great Britain (Northern Ireland uses a separate system — see below). Not legal advice. Current as at July 2026.

Two different claims — do not confuse them

Almost every dismissal problem falls under one (or both) of these:

Unfair dismissal — a statutory claim under the Employment Rights Act 1996. It is about whether the employer had a fair reason and followed a fair process. It goes to the employment tribunal only, and normally needs two years’ service (with big exceptions, below).
Wrongful dismissal — a breach of contract claim, usually about being dismissed without the notice your contract or the law required. It needs no qualifying period at all, and can be brought in the County Court (or the tribunal, capped at £25,000, once employment has ended).

They are not alternatives you pick between on a whim — they answer different questions. You can sometimes bring both. The classic case: you are dismissed on the spot with no notice for something that was not gross misconduct. That can be wrongful (you were owed notice) and unfair (no fair reason or process) at the same time.

Who can claim unfair dismissal

You generally need to be an employee with two years’ continuous service ending on your termination date (section 108, Employment Rights Act 1996). That is the current rule — and it is where a very common piece of misinformation trips people up.

The “day-one right” myth — get this right

You may have read that unfair dismissal is now a “day-one” right. It is not — not yet, and not as a literal day-one right at all. The Employment Rights Act 2025 received Royal Assent in December 2025, but its unfair-dismissal changes are not in force. When they do commence — currently expected on 1 January 2027 — the qualifying period drops from two years to six months, not zero. The original “day-one” pledge was dropped. Precise details of a lighter-touch process during an initial period of employment are still to be set by regulations. For any dismissal happening now, the two-year rule still applies. Always check gov.uk for the current position before relying on a date.

When you need no qualifying period at all

The two-year rule falls away entirely if the reason for the dismissal is one the law treats as automatically unfair. If a dismissal is (wholly or mainly) for one of these, you can claim from day one:

Pregnancy, maternity, or taking family leave (section 99)
Whistleblowing — making a protected disclosure (section 103A)
Raising a genuine health and safety concern (section 100)
Asserting a statutory right — for example asking for the minimum wage, holiday, or a written contract (section 104)
Trade union membership or activities
Making a flexible working request (section 104C)
Jury service, and several other specific categories

Dismissals connected to a protected characteristic under the Equality Act 2010 (age, disability, race, sex, religion or belief, sexual orientation, gender reassignment, pregnancy/maternity, marriage/civil partnership) are handled as discrimination claims — also with no qualifying period, and, importantly, no cap on compensation.

What the employer has to prove

For an ordinary unfair dismissal claim, the employer must show the real reason was one of the five potentially fair reasons (section 98):

Conduct (including misconduct and gross misconduct)
Capability or qualifications (performance, ill health, lacking a required qualification)
Redundancy
Statutory illegality (continuing to employ you would break the law — e.g. a driver who loses their licence)
Some other substantial reason (“SOSR”) — a genuine catch-all, but it must be substantial, not a fig leaf

Having a fair reason is only half of it. The tribunal then asks whether the employer acted reasonably in treating that reason as sufficient — judged by the “band of reasonable responses” test. The tribunal does not ask “what would we have done?” It asks whether dismissal fell within the range of responses a reasonable employer could have chosen. That is a real hurdle for claimants to understand: a decision can feel harsh and still be lawful.

“It was gross misconduct, so they didn’t need a process” — false

Gross misconduct lets an employer dismiss without notice — that is a contract point. It does not excuse an unfair process. A tribunal can still find a dismissal unfair, even for genuine misconduct, if the employer failed to investigate reasonably, failed to hold a proper hearing, or denied you a right of appeal. Fair reason and fair procedure are two separate requirements, and you need both.

Constructive dismissal — and its trap

If your employer commits a fundamental breach of your contract — cutting your pay without agreement, an unlawful demotion, tolerating serious bullying, a total breakdown of trust and confidence — and you resign in response, that can be a constructive dismissal. But it is one of the hardest claims to win.

Constructive dismissal does not “automatically win”

Resigning is only step one. You still have to prove (a) a fundamental breach by the employer, (b) that you resigned because of it, and (c) that you did so promptly — carry on working for months and you may be treated as having accepted the breach. And you still need the same two years’ service as any other unfair dismissal claim, unless the reason is automatically unfair. Get advice before you resign, not after — walking out is a high-risk move.

What you can actually claim

For unfair dismissal, compensation usually has two parts:

Basic award — calculated like statutory redundancy pay: a set number of weeks’ pay per complete year of service (up to 20 years) based on your age, using a capped weekly figure.
Compensatory award — for your actual financial loss (lost earnings, benefits, pension), which is where most of the money is. It is capped at the lower of 52 weeks’ gross pay or a statutory maximum.

For dismissals with a termination date on or after 6 April 2026, the key figures are: a cap on a week’s pay of £751, a maximum basic award of £22,530, and a maximum compensatory award of £123,543. These figures are uprated every April, so date-stamp them and check gov.uk for the current numbers — the ones above apply to this window only.

“Compensation is always capped” — not quite

The cap above applies to ordinary unfair dismissal. Compensation is uncapped where the dismissal was discriminatory (Equality Act 2010) or for whistleblowing — which is one reason claimants and their advisers often plead more than one type of claim. Tribunals also expect you to mitigate your loss (look for new work); failing to can reduce a compensatory award.

One more lever worth knowing: if the employer unreasonably failed to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures, a tribunal can increase the award by up to 25% (and cut it by up to 25% if you unreasonably ignored the Code).

The deadline that ends claims

You normally have three months less one day from your dismissal date to start a tribunal claim — and you must notify ACAS Early Conciliation first, which is mandatory. Early Conciliation pauses the clock while it runs, and afterwards you get at least one month from the ACAS certificate to lodge your claim. Miss the deadline and, in most cases, that is the end of it. Contact ACAS well before the three months are up — do not leave it to the wire.

What to do — in order

1. Appeal internally. Almost every fair procedure includes a right of appeal. Use it — in writing, promptly. Failing to appeal can be held against you, and a good appeal sometimes reverses the decision without a claim.
2. Raise a grievance if the issue is ongoing conduct rather than a formal dismissal decision (this is often the route for constructive dismissal situations).
3. Get the paperwork. Your dismissal letter, contract, disciplinary policy, notes of any meetings, and your written reasons for dismissal (which employees with two years’ service can request).
4. Notify ACAS Early Conciliation before your deadline. Free, and required before a tribunal claim.
5. Tribunal claim (ET1) if it is not resolved — get advice on which claim(s) to bring and whether a settlement agreement is on the table.

Getting the letter right

Whether it is a written appeal against your dismissal or a formal grievance, a strong letter is specific: it sets out what happened and when, why the reason does not stand up or the process was flawed (naming the fair-procedure steps that were skipped — investigation, hearing, appeal), the outcome you are seeking, and that you are prepared to refer the matter to ACAS and the employment tribunal within the time limits if it is not resolved. Keep it factual and measured, and only threaten steps you are genuinely willing to take.

Generate Your Dismissal Appeal or Grievance Letter in Seconds

WriteMyLegalLetter drafts a clear, firm letter that sets out why your dismissal was unfair and what you are asking for. Answer a few questions and your letter is ready.

Write My Letter Now →

Sources: Employment Rights Act 1996 (sections 94, 98, 98B, 99, 100, 103A, 104, 104C, 108, 119–124, 203); Employment Rights Act 2025 (unfair dismissal provisions, not yet in force, commencement expected 1 January 2027); The Employment Rights (Increase of Limits) Order 2026 (figures effective 6 April 2026); Trade Union and Labour Relations (Consolidation) Act 1992 (sections 199, 207A); Equality Act 2010; ACAS Code of Practice on Disciplinary and Grievance Procedures; Western Excavating (ECC) Ltd v Sharp; British Home Stores Ltd v Burchell; ACAS and gov.uk guidance. Current as at July 2026. General information for Great Britain, not legal advice.