Unfair Dismissal

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Do you think you may have been unfairly dismissed?

Leaving a job can be a sad and stressful time, particularly if you’re leaving on bad terms. You may have been experiencing a form of harassment or bullying that may make your workplace an unpleasant environment, causing you to leave your job. Alternatively, you may have been dismissed on, what might be, unfair grounds. Our employment solicitors are specialists in their field and can advise you on what your next steps should be and the possible outcomes you could achieve.

What is Constructive Dismissal?

Constructive dismissal is the term used where an employee resigns in response to their employer’s conduct in breach of an important term of their employment contract.  This can be in breach of an express or an implied term and examples could be if you have been subjected to any harassment, bullying or poor or unfair work conditions.

Our employment team have plenty of experience in helping clients in these situations and can advise you on the legal requirements needed to make such a claim. We can help guide and advise prior to your resignation to put you in the best position to bring a claim, after your resignation on options and during ant negotiations. We can also represent you if your case goes to tribunal.

Unfair Dismissal

Unfair dismissal occurs where an employer dismisses an employee, and it is not for one of the five potentially fair reasons for dismissal or the employer has not followed a fair procedure and acted reasonably in all the circumstances. The Advisory, Conciliation and Arbitration Service (ACAS) has a code of conduct that employers should follow when dismissing for conduct or capability (including poor performance).

The five potentially fair reasons for dismissal are:

• Conduct – e.g. theft, violence, abuse of email procedures
• Capability – e.g. the employer considers the employee is not able to do the job properly
• Redundancy – e.g. the business closes, moves, or needs less employees to do certain work
• Statutory restriction – e.g. a lorry driver loses his or her licence
• Some other substantial reason – e.g. restructuring, a significant breakdown of relations, or the employee is in prison

It is important that you properly consider all the facts surrounding a dismissal or potential dismissal, including whether you satisfy the legal requirements for bringing a claim. Resigning from your job is a big step, so we recommend talking to one of our team before you make any decisions. You should be aware that there is a set time limit of three months from your resignation or unfair dismissal date in which a claim can be made, so it’s important to act straight away.