What evidence do I need for an unfair dismissal claim?

Once you have been dismissed and have made the decision to make a claim, you have a period of three months less 1 day from the date of dismissal to do so. To start employment tribunal proceedings, you will need to fill in a form called an ET1, which is available from the Citizens Advice Bureaux, the Jobcentre, your local solicitor or the employment tribunal website.

Your former employer will be asked to respond to your claim by filling in an ET3 form within 28 days, after which you will both be called to an employment tribunal. Before the tribunal hearing, you should prepare by compiling evidence to support your case. If you have not done so already, consider seeking the expertise of a solicitor to help you. The evidence you present should be able to demonstrate that you have been unfairly dismissed and may include the following:

 

  • A diary of events presented in chronological order
  • Statements from witnesses
  • Information regarding payment such as wage slips
  • Employment contracts
  • Letters or emails

Your employer may attempt to prove your dismissal was fair and they will present their own evidence. This may include documents of any disciplinary hearings or investigations into alleged misconduct.

If you are considering bringing a claim for unfair dismissal, start compiling your evidence as early as possible and keep anything you think may be useful during the tribunal process, including written and electronic documents, videos or photographs. Consult with your solicitor, who will help and advise you on gathering and preparing evidence during this time.