You may be able to claim unfair dismissal if you are an employee, you have enough continuous service and your employer dismissed you without a fair reason or a fair process. The rules are changing. For dismissals on or after 1 January 2027, the qualifying period falls from two years to six months and the cap on compensation is removed. Since 1 October 2026, you normally have six months to bring a claim, after first contacting ACAS.
Employment law is largely the same across Great Britain, and claims in Scotland are heard by the Employment Tribunals (Scotland), with an office in Glasgow. This guide explains who can claim, what makes a dismissal unfair and how to bring a claim.
Who can claim?
You must be an employee
Unfair dismissal protection applies to employees, not to genuinely self-employed contractors. Some workers, such as agency or zero-hours staff, may or may not be employees depending on the reality of the arrangement.
Qualifying service
- Dismissals before 1 January 2027: you normally need two years of continuous employment.
- Dismissals on or after 1 January 2027: the Employment Rights Act 2025 reduces the qualifying period to six months.
Where your employer did not give you your statutory notice, that notice period can be added to your service when working out whether you qualify, so check your dates carefully.
No qualifying period for automatically unfair reasons
Some dismissals are automatically unfair from the first day of employment. Examples include dismissal for whistleblowing, for reasons connected with pregnancy or maternity, for asserting a statutory right such as the minimum wage, for trade union membership or activities, and for raising certain health and safety concerns. Discrimination claims also have no qualifying period.
What makes a dismissal fair or unfair?
An employer must show that the dismissal was for one of five potentially fair reasons:
- Capability, including performance and ill health.
- Conduct.
- Redundancy.
- Breach of a statutory restriction, such as losing a driving licence needed for the job.
- Some other substantial reason.
The tribunal then decides whether the employer acted reasonably in treating that reason as sufficient for dismissal, including whether it followed a fair procedure. For conduct and capability, the ACAS Code of Practice on Disciplinary and Grievance Procedures is important: an investigation, a chance to respond at a meeting, the right to be accompanied and a right of appeal. Failing to follow the Code can increase compensation by up to 25%.
Constructive dismissal
If you resign because your employer seriously breached your contract, for example by cutting your pay without agreement or allowing serious bullying, you may be able to claim constructive unfair dismissal. These claims are harder to prove, so take advice before resigning.
Time limits and ACAS early conciliation
Before you can lodge a claim, you must notify ACAS and go through early conciliation. ACAS will try to help both sides reach an agreement. If that does not work, ACAS issues a certificate, which you need to make your claim.
For dismissals on or after 1 October 2026, the time limit for most employment tribunal claims, including unfair dismissal, is six months from the effective date of termination, extended by the early conciliation period. Previously it was three months less one day, and that shorter limit still applies to earlier dismissals.
Do not wait: tribunals only rarely allow late unfair dismissal claims. Contact ACAS or a solicitor as soon as you are dismissed, and keep copies of your contract, letters, emails and payslips.
What compensation can you get?
- Basic award: calculated on age, length of service and weekly pay, capped at £751 a week for dismissals from 6 April 2026.
- Compensatory award: covers your actual financial losses, such as lost earnings and pension. For dismissals before 1 January 2027, it is capped at the lower of 52 weeks' gross pay or £123,543 (from 6 April 2026). For dismissals on or after 1 January 2027, the cap is removed.
You are expected to look for new work to reduce your losses, and the tribunal can reduce awards if you contributed to the dismissal.
The alternative: a settlement agreement
Many disputes are resolved before a hearing, either through ACAS or through a settlement agreement. Our guide to settlement agreements explains how these work and how to judge an offer.
Getting advice
With the rules changing, early advice matters more than ever. A specialist can check your eligibility, the deadline, the strength of the claim and its value. Compare the leading employment solicitors in Glasgow in our independent ranking. Trade union members may also have access to free legal support.
Frequently asked questions
How long do I need to work somewhere to claim unfair dismissal?
Two years for dismissals before 1 January 2027, and six months for dismissals on or after that date. Automatically unfair dismissals have no qualifying period.
What is the time limit for an unfair dismissal claim?
For dismissals on or after 1 October 2026, six months from the dismissal, extended by ACAS early conciliation. Earlier dismissals have a three-month time limit.
Do I have to contact ACAS before claiming?
Yes. You must go through ACAS early conciliation and get a certificate before you can lodge a tribunal claim.
How much compensation can I get for unfair dismissal?
A basic award based on age, service and pay, plus a compensatory award for losses. The compensatory award is capped for dismissals before 1 January 2027 and uncapped after.
What is constructive dismissal?
Resigning because your employer seriously breached your contract. It can be treated as an unfair dismissal, but it is harder to prove.
Can I claim if I was dismissed for whistleblowing?
Yes. Dismissal for making a protected disclosure is automatically unfair, and no qualifying period applies.
Conclusion
So, can you claim unfair dismissal in Scotland? If you are an employee with enough service, or if the reason was automatically unfair, and your employer lacked a fair reason or process, you may be able to. Contact ACAS quickly, note the six-month time limit and be aware of the January 2027 changes.
Compare the leading employment solicitors in Glasgow for advice on your situation.