If your employer did not have a fair reason for dismissing you or did not follow the company’s formal disciplinary process, or you felt you had to resign because of your employer’s actions, you may have an opportunity to bring an unfair dismissal or constructive dismissal claim.
If you have worked for an employer continuously for at least two years, you have a number of legal rights, including that you cannot be dismissed without a fair reason. UK employment law states that employers must have a fair reason to dismiss an employee, otherwise the termination of the employment may be viewed as an unfair dismissal.
If you feel that your dismissal from work was unfair, or that you have been forced to resign by your employer, our employment solicitors who have expertise in unfair dismissal and constructive dismissal cases will be happy to discuss your case with you and let you know your options. We will help you throughout the whole process, handling the legal complexities so that you can concentrate on getting back on your feet.
There five fair reasons for dismissing an employee:
If you have been dismissed and your employer did not have a fair reason for dismissing you or they did not follow the company’s formal disciplinary process, you may have an opportunity to bring an unfair dismissal claim.
It is important to ask your employer for a written reason for your dismissal – legally, they must provide an explanation within two weeks of your request.
You only have three months less one day from the date your employment was terminated, so if you have been dismissed or threatened with dismissal and you don’t believe that any of these reasons apply, please contact us as soon as possible. If you have recently been unfairly dismissed (either for a fair reason or through a fair procedure) then we can help you make a claim at the Employment Tribunal.
If you have resigned from your job because you felt unable to work due to your employer’s actions, we may be able to help you make a claim for constructive unfair dismissal, as long as you’ve worked there for your employer for least two years.
Constructive dismissal occurs when your employer has treated you so badly or hasn’t stopped others in the workplace treating you badly, that you have no choice but to resign. This may happen for a number of reasons, for example:
It is important to note that your employer must have breached a fundamental term of your contract of employment, leading you to resign – it is not sufficient that your employer has just acted ‘unreasonably’. That being said, the fundamental breach can be a continuing course of conduct which culminates in a “last straw’ and the final incident does not in itself need to be a fundamental breach. You must also act quickly, even if just to get legal advice before you resign, as if you do not leave quickly after the incident(s) your employer may argue that you have accepted the treatment, and a constructive dismissal will not have occurred.
If you feel you are getting to the stage that you have no choice but to resign because your employer won’t act to help you, or have recently resigned, it is good to talk to an employment solicitor to find out if the events and actions that have led you to this decision mean you can bring a claim of constructive dismissal
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