Unfair Dismissal and Unfair Constructive Dismissal
If you have a potential claim for unfair dismissal (or unfair constructive dismissal) our employment lawyers can expertly assess your case and provide you with clear and comprehensive advice as to your options. We can provide effective representation at an Employment Tribunal using or assist you to reach a favourable settlement with your employer. These are normally implemented using a Settlement Agreement.
Timing of an Unfair Dismissal Claim
Employees generally require two years’ service with their employer to be able to bring an unfair dismissal claim (although this is not required in certain circumstances which are deemed to constitute automatically unfair dismissal e.g., where an employee is dismissed for health and safety reasons, for whistleblowing or for asserting statutory rights).
Reasons for an Unfair Dismissal Claim
In unfair dismissal cases Employment Tribunals examine two main issues: the reason for the dismissal and the procedure adopted in carrying it out. To fairly dismiss, the employer will firstly need to be able to demonstrate to a Tribunal that the principal reason for dismissal was one of the potentially fair reasons set out in the Employment Rights Act 1996. Secondly, the employer will need to show that the process it followed in dismissing was fair and reasonable.
The five potentially fair reasons for dismissing are:
- Illegality or breach of a statutory restriction; and
- Some other substantial reason.
Unfair Construction Dismissal Cases
We can quickly determine whether the reason put forward by your employer and the procedure adopted by them was valid or one that can be effectively challenged via an unfair dismissal claim.
Unfair Constructive Dismissal cases arise where you are able to claim that there has been a fundamental breach of contract by the employer which entitles you to resign with immediate effect and be released from any further obligation under the employment contract. Such claims will normally succeed where you can show that:
- There has been a fundamental breach
- You have not unreasonably delayed in resigning and therefore affirmed the contract
- The resignation was because of the alleged employer’s breach
Whatever the circumstances, we will be able to quickly analyse your case and advise you as to whether you have a good claim. Based on our assessment we can advise you on the best tactics to use in order to achieve the most favourable outcome for you whether that be through litigation or negotiating settlement terms.