Unfair dismissal

A claim for unfair dismissal is one of the most common claims presented before the Employment Tribunal. Unfair dismissal is where an employee believes that the decision to dismiss them was unfair.

In order to dismiss an employee, the employer must prove that they had a lawful reason for dismissal such as gross misconduct, redundancy or long term absence for example. The Employment Tribunal must decide whether the real reason for dismissal was one of the lawful reasons set down by the law. The Employment Tribunal assesses whether the decision to dismiss was reasonable based on all the circumstances. Examples of where the decision will not be reasonable include an employee being discriminated against, treated unfairly or inconsistently when compared to other employees, or if the employer's decision to dismiss appears to have been a campaign to manage the employee out of the business.

In most cases, an employee may require 12 months' full service to qualify for the right to pursue a claim for unfair dismissal. However, there are lots of exceptions to this requirement. If you are currently going through a disciplinary process or have been dismissed, you should contact our solicitors now.

 

Constructive dismissal

Constructive dismissal is a very similar claim to unfair dismissal. The main difference between constructive dismissal and unfair dismissal is that an employee can claim constructive dismissal where they suggest that the employer has forced them to resign.

An employee must prove that the employer’s treatment of them was so unreasonable that they could no longer work for the employer and that the employer forced them to resign. This unreasonable behaviour must be serious enough that it can be found as an equivalent of dismissal. The employee must prove that the employer’s behaviour has effectively breached a fundamental term of the contract of employment. There are many other reasons why an employee can claim that they have been forced to leave.

In most cases, an employee will require 12 months' full service to qualify for the protection of constructive dismissal. However, there are lots of exceptions to this requirement.

If you believe that you are being forced to resign or have already had to resign, speak to one of our employment law solicitors now to see how we can help you.