Employees are protected in law against unfair dismissal including constructive dismissal.
Unfair Dismissal
An employer that dismisses an employee will be vulnerable to a claim for unfair dismissal in the Employment Tribunal unless:
- it can show a potentially fair reason for the dismissal; and
- the dismissal was procedurally fair.
The six potentially fair reasons for dismissal are: conduct, capability, redundancy, breach of a statutory restriction, retirement and "some other substantial reason".
Constructive Dismissal
Employees need not always be dismissed. A constructive dismissal occurs where the employer does not dismiss the employee, but the employee resigns and can show that they were entitled to do so by virtue of the employer's conduct.
If an Employment Tribunal finds that employee has been unfairly or constructively dismissed, it can order the employer to re-engage or reinstate the employee or pay compensation.
Please contact our employment team who are ready to advise you on the merits of your dismissal and help make your claim. Even if your dismissal was for a fair reason, you may still be eligible for other entitlements including notice pay.
Frequently Asked Questions
Who can claim unfair dismissal? »
If you want to make a claim to an Employment Tribunal for unfair dismissal, your will normally need one year's service first. If you were dismissed for an automatically unfair reason you can make a claim no matter how long you had worked for your employer.
You can’t make a complaint of unfair dismissal if you are a:
- worker (rather than an employee);
- member of the armed forces;
- self-employed person;
- an agency temp working under a contract for services;
- share fisherman;
- member of the police service (unless you were dismissed for taking action on health and safety grounds or whistleblowing); or
- exempt from the unfair dismissal provisions by an order made by the Secretary of State for Work and Pensions (although currently none apply).
Key People
News
April 6th Employment Law Changes
16/04/2012From 6 April 2012, the unfair dismissal qualifying period increases from one year to two years for those whose employment began on or after that more »
New Minimum Wage Rates
30/03/2012The Government has accepted the recommendations of the Low Pay Commission (LPC) for this year’s National Minimum Wage (NMW) rates. From 1 October more »
