What Evidence Do I Need for an Unfair Dismissal Claim? A Document-by-Document Guide
Document-by-document guide to the evidence needed for an unfair dismissal claim at the Employment Tribunal. Contract, dismissal letter, disciplinary papers, payslips, Schedule of Loss — what to include and why.
Quick Answer
For an unfair dismissal claim at the Employment Tribunal you need: your contract of employment, the dismissal letter, any disciplinary or capability correspondence, performance reviews and absence records, key emails between you and the employer, the staff handbook and disciplinary policy, 3 months of payslips, your P45, evidence of job-search efforts since dismissal, and a Schedule of Loss. The respondent (your employer) prepares the bundle, but you must send them every document you want included — at least 28 days before the case management deadline.
Who This Guide Is For
You have been dismissed. You believe the dismissal was unfair. You have submitted (or you are about to submit) an ET1 claim form, and the tribunal has either listed a final hearing or you are working towards it. You are representing yourself.
This article tells you, document by document, what evidence the tribunal will expect. It does not tell you whether you have a good claim — for that you should speak to ACAS, Citizens Advice, or a solicitor.
The Test the Tribunal Will Apply
Unfair dismissal is governed by Part X of the Employment Rights Act 1996. For ordinary unfair dismissal you must show:
- You were an employee (not a worker or contractor)
- You had at least two years' continuous service at the date of dismissal (this qualifying period drops to six months from 1 January 2027 under the Employment Rights Act 2025)
- You were dismissed (or treated as dismissed — constructive dismissal)
The employer must then show:
- A potentially fair reason under s.98(2) — conduct, capability, redundancy, statutory restriction, or "some other substantial reason"
- That the dismissal was procedurally and substantively fair in all the circumstances (s.98(4))
Every document you assemble should map to one of those five hooks. If it doesn't, it probably isn't relevant — and including it weakens the bundle.
The Master List — Document by Document
1. The Contract Trail
| Document | Why it matters |
|---|---|
| Employment contract | Establishes you were an employee and what the contractual procedure was. Variations matter — produce them all. |
| Offer letter | Sets the date employment began, which fixes your qualifying period. |
| Job description (original and current) | Capability and redundancy cases turn on what your role actually was. |
| Staff handbook | Almost always contains the disciplinary and grievance procedure. |
| Disciplinary policy | The yardstick against which procedural fairness is measured. |
Practical tip: pull the contract from your records, but ask the employer to confirm it is the version in force at the date of dismissal. Employers sometimes rely on later versions.
2. The Dismissal Itself
| Document | Why it matters |
|---|---|
| Dismissal letter | The central document. What reason did the employer give? When did they give it? Was it signed by someone with authority? |
| Notice of disciplinary hearing | Did they tell you the allegations? Did they give you the evidence? Did they invite a companion? |
| Notes of the disciplinary hearing | If the notes are wrong, ask for corrections in writing before the hearing. |
| Investigation report (if any) | Was the investigation reasonable? Did it consider alternative explanations? |
| Appeal letter and appeal outcome | Failure to allow or properly consider an appeal is a classic procedural defect. |
3. The Wider Context
| Document | Why it matters |
|---|---|
| Performance reviews | Did the employer raise concerns earlier? Or are they manufacturing a paper trail? |
| Absence records | Capability dismissals rest on these. |
| Previous warnings | Are they live? Have they expired? Were they procedurally proper at the time? |
| Grievance correspondence | A grievance that overlaps with the disciplinary process is highly relevant. |
| Key emails | The emails that show what was actually said — not every email you ever sent. Filter ruthlessly. |
4. The Money
| Document | Why it matters |
|---|---|
| Payslips (3 months minimum) | Establishes basic pay for the basic award and compensatory award. |
| P45 | Confirms the date employment ended. |
| P60 | Most recent tax year, for the compensatory award calculation. |
| Pension statement | Pension loss is often the largest single head of compensation. |
| Mitigation evidence | Job applications, interview invitations, rejection letters, the new contract of employment if you found work. |
5. The Schedule of Loss
Almost always required by the case management order in a compensation claim — and useful even where it is not directed. If you are seeking compensation — and almost every unfair dismissal claimant is — you will need to produce a Schedule of Loss. It itemises:
- Basic award — calculated by reference to age, gross weekly pay (capped at the statutory maximum at the date of dismissal), and years of service
- Compensatory award — past loss of earnings, future loss of earnings, loss of statutory rights, loss of pension, loss of perks (car, healthcare, bonus)
- ACAS uplift — up to 25% where the employer unreasonably failed to follow the ACAS Code on Disciplinary and Grievance Procedures
- Polkey reduction — if the tribunal finds you would have been dismissed anyway, a percentage discount
Under the Employment Rights Act 2025 the statutory cap on the compensatory award has been removed (Royal Assent 18 December 2025). For unfair dismissal claims decided after the cap was removed, this is significant.
What You Are NOT Trying to Prove
A frequent error: building the bundle around how badly you feel about the dismissal. The tribunal does not award damages for hurt feelings in an ordinary unfair dismissal claim (only in discrimination or whistleblowing claims). Emotional emails to friends, social media venting, screenshots of supportive WhatsApp messages — leave them out.
Disclosure: How to Get Documents from the Employer
Under Rule 33 of the Employment Tribunal Procedure Rules 2024 (SI 2024/1155, in force 6 January 2025), both parties must disclose all documents relevant to the issues in the claim — including documents that hurt their own case.
Practical steps for disclosure:
- Write to the respondent listing the categories of documents you need
- Set a reasonable deadline (28 days is standard)
- If they refuse or fail to respond, apply to the tribunal for an unless order under Rule 33
- The tribunal can strike out the response if disclosure is persistently breached
What Happens Next
Once you have your documents:
- Send the respondent a numbered list of everything you want in the bundle, with copies attached
- Negotiate the index — they may agree, they may resist
- If they resist, lodge a supplementary bundle of disputed documents
- Build the witness statement around the agreed bundle's page numbers
How BundleCreator Builds an Unfair Dismissal Bundle in 45 Minutes
For £29.99, BundleCreator gives you the standard ET section template pre-loaded: ET1, ET3, ACAS certificate, contract, policies, correspondence, financial evidence, witness statements. You drop in your PDFs; BundleCreator handles pagination, OCR, the index, and bookmarks. Most claimants finish in under an hour.
Start your unfair dismissal bundle →
Related Articles
- The Complete Pillar Guide: How to Make an Employment Tribunal Bundle
- How to Prove Discrimination at an Employment Tribunal
- How to Write an Employment Tribunal Witness Statement
- 5 Fatal Mistakes Litigants in Person Make with Tribunal Bundles
Disclaimer: This guide explains the documents typically needed for an unfair dismissal claim. It is not legal advice on whether your claim has merit. For case-specific advice contact ACAS (0300 123 1100), Citizens Advice, or a qualified employment lawyer.
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