Dismissal Handover: Immediate Legal Position and Next Steps

Establish the following as quickly as possible:

• Type of dismissal — whether this is summary dismissal (immediate, typically for gross misconduct, with no notice pay) or dismissal with notice (with a notice period or PILON). This determines your immediate pay entitlement.
• Written statement of reasons — if you have at least two years of continuous service, you have a statutory right to a written statement of the reasons for your dismissal. Request this in writing. The employer must provide it within 14 days.
• Effective date of termination (EDT) — the date your employment legally ends. This starts the clock on appeal and tribunal time limits. Note it.
• ACAS early conciliation — if you are considering an unfair dismissal or wrongful dismissal claim, ACAS early conciliation is a mandatory step before an employment tribunal claim can be lodged. Time limits apply from the EDT. Contact ACAS at acas.org.uk or 0300 123 1100 to understand your position. This is information gathering, not a commitment to proceed.

This section provides factual information only. For advice on your specific circumstances, contact ACAS or an employment solicitor.

Secure the following before system access is removed. In summary dismissal, this may need to happen the same day:

• The dismissal letter or written notice of termination
• Any written warnings issued during your employment
• Any performance improvement plan (PIP) documentation
• Your employment contract, including any amendments
• Your most recent three payslips
• Any correspondence relevant to the dismissal — emails, meeting notes, HR letters
• Your most recent performance appraisal or review

Store copies outside company systems immediately. If you no longer have access to email or shared drives, request copies from HR. You are entitled to your own personnel file under a subject access request (SAR) to the employer's data controller.

• Notice pay — if dismissed with notice (not summary dismissal), you are entitled to your notice period pay, either as working notice or PILON. Confirm the gross amount and payment date with payroll. If dismissed summarily for gross misconduct, notice pay is not generally owed — but verify this against your contract, as some contracts specify otherwise.
• Accrued holiday pay — owed regardless of the reason for dismissal. Calculate days accrued in the current holiday year minus days taken, multiplied by your daily rate.
• Outstanding salary — any days worked in the current pay period not yet paid. Confirm the final payroll date with HR.
• Universal Credit — dismissal does not in itself prevent a UC claim, but dismissal for misconduct may result in a sanction (reduced payment) for a period. The DWP makes this assessment independently. Check current rules at gov.uk/universal-credit.
• New Style JSA — same sanction risk as UC for dismissal for misconduct. Eligibility based on National Insurance contributions is unaffected. Check at gov.uk/jobseekers-allowance.

An employer is not legally required to provide a reference. However, a reference that is provided must be accurate and not misleading — an employer who gives a false or negligently inaccurate reference can be liable.

In practice, many employers provide factual-only references following a dismissal: confirmation of dates of employment, job title, and sometimes salary. This is standard and does not in itself flag the dismissal to a prospective employer.

• Establish whether your former employer will provide a reference, and in what format. Confirm this in writing before your last day if possible.
• Identify alternative references — former managers who have since left the organisation, clients, or professional contacts who can speak to your work independently.
• Consider how you will address the departure in interviews. A factual, brief account of the circumstances — without attribution of blame — is more effective than an extended explanation.

The following options exist if you believe the dismissal was unfair or unlawful. This section identifies the options — it does not recommend a course of action:

• Internal appeal — most employers have an appeal process, and the ACAS Code of Practice on disciplinary and grievance procedures recommends one. If an appeal right was offered in your dismissal letter, the deadline will be stated. Exercising the appeal does not prevent later tribunal action.
• ACAS early conciliation — a free, confidential service that can help resolve disputes before they reach a tribunal. Mandatory before submitting an employment tribunal claim. Contact ACAS at acas.org.uk.
• Employment tribunal — claims for unfair dismissal must generally be submitted within three months minus one day of the effective date of termination. This limit is strict. ACAS early conciliation pauses the clock while conciliation is active. If you are considering this route, seek legal advice promptly — the time limit applies regardless of how long a negotiation takes.
• Wrongful dismissal — a separate claim based on breach of contract (e.g. not receiving notice pay you were contractually entitled to). This can be brought in the civil courts as well as a tribunal and has a six-year limitation period.

For advice on your specific situation, contact ACAS (free) or an employment solicitor. Citizens Advice also provides initial guidance at citizensadvice.org.uk.

Once the dismissal-specific items above are noted and documents are secured, proceed to Day One, then Financial Snapshot. The process continues regardless of circumstances.