Unfair and constructive dismissal
Unfair dismissal may be a termination of your employment that has occurred due to circumstances out of your control, when your employer has accused you of something that you didn’t do, or when you have been dismissed over something that a reasonable person would not consider serious enough to warrant this action.
Constructive dismissal occurs when your employer has made life so hard for you at work, through displaying unreasonable or difficult behaviour or by allowing working conditions to become unbearable in any other way, that you have had no choice but to resign.
While it is generally assumed that you cannot make a claim of unfair dismissal until you have been employed for a year (and two years if you commenced your employment after 6th April 2012,) there are a number of reasons for dismissal that are deemed in the eyes of the law as ‘automatically unfair.’ These particular situations apply beyond the constraints of the one year rule, and include being dismissed due to trade union membership, whistle blowing, or health and safety issues. It also includes exercising a legal right, such as taking maternity leave, demanding a minimum wage or asking for a written statement detailing the terms and conditions of your employment.
Do you feel that you have suffered from unfair or from constructive dismissal? If you wish to discuss your personal situation further with experts in the field of Employment Law, contact us today for professional help and advice. You can call us and speak to a member of our team on 0800 1123 256, text ‘contact’ to 80011*, or complete the form to the right and we will get in touch with you.