Unfair Dismissal and Constructive Dismissal
AFG LAW can advise on unfair dismissal or constructive dismissal
What is the difference between wrongful dismissal and unfair dismissal?
Wrongful dismissal and unfair dismissal are two different types of potential claims to bring in an employment tribunal.
When your employer fails to follow the terms of your employment contract when dismissing you that is wrongful dismissal - it is considered a type of breach of contract. It also means that employers are unable to hold you to any restrictive agreements after your dismissal (if there were any). There is no minimum length of service requirement for an employee to bring a wrongful dismissal claim.
Where your employer terminates your employment either through using an unfair process or citing unfair reasons this constitutes an unfair dismissal. The law allows employers to fairly terminate your employment if they utilise the correct procedure and cite fair reasons such as your unacceptable conduct or lack of capability.
In order to bring a claim of unfair dismissal, you must have a minimum of one year’s continuous service if you started work before April 6 2012 - for people who began their employment after April 6 2012 you must have two year’s continuous service.
Automatically unfair dismissal and constructive dismissal
Some dismissals are considered ‘automatically unfair’ - there are many different reasons which might make a dismissal automatically unfair. For example, a woman dismissed for a reason related to her pregnancy or her maternity leave or anyone dismissed for whistle-blowing would be considered automatically unfair dismissals. There is no minimum length of service associated with automatically unfair dismissals.
If you feel forced to resign in response to what you perceive as a fundamental breach of your employment contract by your employer it amounts to constructive dismissal. You have an obligation to prove that there was a fundamental breach of your employment contract. For example, if your employer changed your hours of work without your agreement and you were forced to resign that may be a case for constructive dismissal.
Are there any charges for bringing a claim to employment tribunal?
The Government has instituted a range of charges for making claims in employment tribunals in 2013 in an effort to deter people making unwarranted or spurious claims. The amount of the charge is dependent on the type of claim; there are separate charges for the actual hearing and for other procedural matters.
How can AFG LAW help me with my dismissal claim?
The complexity of employment contract law and employment dismissals would make it advisable to seek professional help if you believe you have cause to make a claim. Our expert employment law solicitors have the knowledge and experience to ensure that you do not proceed with a claim which is inappropriate - and potentially costly to you. In addition, if you claim is justified then we can help you to proceed correctly.
It is possible that there may be additional factors at play in your claim, such as issues of discrimination which may need to be addressed. We can provide vital help with the appeal process as well as negotiate the most advantageous terms possible in any compromise agreement. We can issue proceedings on your behalf as well as represent you at an employment tribunal.
Any dismissal which involves a failure to follow the terms of your contract can be complex as well. We are familiar with employment contract law and the impact of express and implied terms and how these can affect the dismissal process.
Our employment contract law solicitors can help you identify alternate means of funding your case and provide expert legal advice to help you during your claim. If you’d like more information on unfair dismissal or constructive dismissal please email firstname.lastname@example.org
or ring 01204 377 600 - we’ll explain how AFG LAW’s employment law specialists can help.