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Unfair and Constructive Dismissal

If you feel an employer has acted unreasonably in releasing you from a job, then it may be that you have been the victim of unfair dismissal. If this is the case, you may be able to make a case in an Employment Tribunal, and if successful you could be awarded compensation. Read on to discover what unfair dismissal involves, and what action you can take.

What Is Unfair Dismissal?

Under the Employment Rights Act 1996, an employer must have good reason for terminating an employee’s contract, and/or terminate a contract in a manner laid out by law. Unfair dismissal therefore covers the following:-

• Your employer did not have good reason for dismissing you;
• Your employer dismissed you for an automatically unfair reason (this can relate to pregnancy, trade unions, and undue selection for redundancy);
• Your employer did not follow the correct procedure when dismissing you.

What Is Constructive Dismissal?

Constructive dismissal is a type of unfair dismissal, but is slightly different in that an employee feels forced to take leave of their job because of an employer’s behaviour.

An employee may feel compelled to resign for a number of reasons, including:-

• Harassment, humiliation or victimisation;
• Changes to a job specification or contract without consultation;
• A change in job location with little notice for preparation;
• Extreme disciplinary actions;
• Being falsely accused of misconduct.

What Action Can You Take?

If you feel you have been released or forced from employment for an unfair reason, or you think the manner in which you were let go was wrongful, then you may have grounds to complain to an Employment Tribunal.

However, to make a claim for unfair dismissal you must:-

• Have been legally deemed as an employee of the employer being claimed against;
• Have been in continuous employment for over one year under the employer being claimed against;
• Be under retirement age;
• Normally work in the UK;
• Start a claim within 3 months of the dismissal.

Additionally, policemen, dock workers, share fishermen and domestic servants are not protected by the same law.

To begin proceedings against your employer for unfair or constructive dismissal, you should first try other avenues of reconciliation. You can either try discussing the issue directly with your employer without third party intervention, or a legal expert can be advised for help on mediation.

If this proves futile, then you may want to consider making an application to the Tribunals Service. If an Employment Tribunal finds that an employee has been unfairly dismissed, not only is there the possibility of being awarded compensation, but a dismissed employee may be reinstated into their former job.

Summary

If you think you have recently been the victim of unfair or constructive dismissal, you should seek legal advice. Each case is different, but often Employment Law can be subject to time restraints, so it is best to contact a solicitor as soon as possible.

Ensure That Your Employment Matter Is In Safe Hands

To ensure that your employment law matter is dealt with by professionals please call us now on 0121 236 7388 or complete an Enquiry Form and we will be in touch with you.