If you’re in trouble at work
It’s not fair to be accused of something you haven’t done. If the till is short on cash, it doesn’t mean you stole the money. And if you can’t work an extra shift because you’ve got an assignment to finish, it doesn't mean you should be punished for it.
Your employer must follow the law
No matter what’s happened, if your manager wants to discipline or dismiss you they should follow a process. This applies even if you’re being accused of doing something wrong, if you're sick, or if you’re being told that your performance isn’t good enough.
Depending on how long you’ve worked for a company, you’ll get certain protections under the law. In most cases you need 2 years’ continuous employment to bring a claim for unfair dismissal (assuming you’ve been sacked or felt you had no option but to resign). But there are some circumstances when you are protected regardless of how long you’ve been working, e.g. if you’ve been sacked for questioning why your pay this week is short, or for alleging certain rights you may have have been infringed.
But the deadline to issue a claim in the Employment Tribunal is tight. Usually, you only have three months less one day from the date your employment ended, or any detriment you’ve suffered, to issue a claim. And before you issue a claim, you need to go through the Acas early conciliation process.
How Which? Legal can help
If your employer raises a concern or issue with you, we can advise on what your employer should be doing and if they’re following a fair process. We’ll help you identify ways to defend yourself and challenge your employer – like by raising a grievance if it’s appropriate.
We’ll consider your circumstances and help you identify potential claims you may have. For example, you might have been discriminated against because of your age, or you may have been treated unfairly because you work part-time. We’ll:
- talk to you about what’s happened
- advise you on your rights
- explain your options
Please note: forthcoming changes in the law (as a result of the Employment Rights Act 2025) may affect the content of this page:
No earlier than October 2026:
The time limit to bring most claims in the employment tribunal will increase from three to six months. The requirement to go through ACAS early conciliation before issuing most claims is not affected by these changes. Please note, the time limit to pursue a breach of contract claim in the employment tribunal will remain at three months.
Expected from 1 January 2027:
The length of service required to bring an ‘ordinary’ unfair dismissal claim will be reduced from two years to six months. Therefore, if you have at least six months continuous service by 1 January 2027 you will benefit from unfair dismissal protection. Claims where no qualifying period of service is required remain unaffected.
The statutory cap on the compensatory award in ordinary unfair dismissal cases will be removed.
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- Unlimited access to legal experts
- Confidential advice you can trust
- Advice on the issues that matter - consumer rights, travel, motoring, housing and wills and more
- Cover for your whole household
- Regular legal news and guidance straight to your inbox
Read our common questions
Brendan Donohue
Brendan joined Which? in 2018 and is a member of the Employment Lawyers Association.
Duncan Snook
Duncan joined Which? as an employment law specialist in May 2018. He has over 10 years of experience as an employment solicitor in private practice.
