Unfair Dismissal ET1 Particulars
How to organise the facts for unfair dismissal particulars under the Employment Rights Act 1996 before completing the ET1 narrative.
The core unfair dismissal structure
Ordinary unfair dismissal starts with the Employment Rights Act 1996. Section 94 states the right not to be unfairly dismissed. Section 98 asks whether the employer can show a potentially fair reason and whether dismissal was fair in all the circumstances.
A practical ET1 narrative usually needs more than "I was dismissed unfairly." It should identify the dismissal, the reason the employer gave, the process followed, the parts of the process you say were unfair, and what loss flowed from the dismissal.
Facts to organise before writing
- Employment start date, dismissal date, notice position, and job title.
- Whether you were an employee, not only a worker or contractor.
- The employer's stated reason: conduct, capability, redundancy, statutory restriction, some other substantial reason, or another reason.
- Documents: invitation letters, investigation notes, disciplinary outcome, appeal outcome, redundancy scoring, emails, and handbook policies.
- What you say was wrong with the reason or the process.
- Whether you appealed, what you said on appeal, and how the employer responded.
- Losses: lost wages, notice pay, pension, benefits, job-search evidence, and new earnings.
Qualifying period and 2027 reform
For dismissals before 1 January 2027, ordinary unfair dismissal generally still requires the current qualifying service period in section 108. The government guidance says the qualifying period will reduce to six months for dismissals from 1 January 2027, and the compensatory award cap will also be removed from that date.
Do not assume the future rule applies to an earlier dismissal. Also do not assume a short-service dismissal has no claim: automatically unfair dismissal, whistleblowing, health and safety, pregnancy-related issues, trade union rights, or discrimination can involve different rules.
How to structure ET1 particulars
- Identify the parties and employment relationship.
- Set out the key dates in chronological order.
- State the dismissal and the employer's reason.
- Explain why that reason was not fair, not genuine, or not reasonably investigated.
- Explain any procedural unfairness: notice of allegations, evidence, hearing, companion, decision maker, appeal.
- Connect the unfairness to the remedy and loss claimed.
Common evidence gaps
The most common weak points are missing appeal documents, no copy of the policy relied on by the employer, no notes from meetings, and no evidence of mitigation after dismissal. If those documents do not exist, record that clearly rather than inventing details.
How TribunalKit supports this draft
TribunalKit asks structured questions about service, reason, procedure, appeal, and loss. It then produces a source-linked draft where the unfair dismissal paragraphs trace back to your answers. You still review the legal accuracy, completeness, and filing position before using the draft in an ET1.
Product page: TribunalKit unfair dismissal builder.
FAQ
What law creates the ordinary unfair dismissal right?+
Employment Rights Act 1996 section 94 gives employees the right not to be unfairly dismissed. Section 98 deals with potentially fair reasons and the fairness assessment.
Do I need two years of service?+
For ordinary unfair dismissal, the current qualifying period generally remains two years for dismissals before the 1 January 2027 reforms. Some automatically unfair reasons and discrimination claims do not follow that ordinary qualifying period.
What should unfair dismissal particulars cover?+
They should usually identify the employment dates, dismissal date, stated reason, why the reason or process was unfair, the appeal position, and the remedy sought.
Can TribunalKit decide whether my dismissal was unfair?+
No. TribunalKit helps organise a draft from your facts. It does not assess merits, choose claims, or provide legal advice.