If you’ve been let go from your job, it’s important to understand the different types of dismissal and whether you could be eligible to bring a claim against your employer.
There are three main types of workplace dismissals: unfair, constructive, and wrongful.
Unfair dismissal is when an employer terminates your employment without fair reason.
There are five reasons that are classed as “fair” by the Employment Rights Act 1996, and it is up to your employer to prove your termination relates to one of these reasons. If your employer cannot prove this, then it is highly likely that you’ve been unfairly dismissed.
Find out more about unfair dismissal >>
This is when your employer has fundamentally breached your employment contract, and you feel you are left with no other option but to resign.
You must have been in continuous employment for at least two years to claim constructive dismissal (also known as constructive unfair dismissal). To find out more and see if you’re eligible to make a claim, visit our dedicated constructive dismissal page >>
Wrongful dismissal only applies if you’ve been dismissed in breach of your employment contract. Usually, this will concern your notice period and whether you were given advance notice of termination.
Learn more about wrongful dismissal >>
For guidance on handling workplace dismissal claims, or if you’ve already been forced out of your job, or unfairly dismissed in some other way, our employment team can guide you through your options. In certain circumstances where Early Conciliation is not achieved through ACAS, we may be able to support you.
Or request a call back if you’d like one of our no-win, no-fee experts to call you
A dispute with your employer can be stressful, and the last thing you want to be worried about is how to pay for the legal help and advice you need. We will help you get the best possible outcome in the most cost-effective way. Click below to find out more about the funding options available to you.
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In general you have three months less one day from the most recent act of discrimination or breach to take action, meaning you should act fast.
We recommend you speak to one of our lawyers in the first instance. As part of the process, you’ll need to get in touch with the Advisory, Conciliation and Arbitration Service (ACAS), who will aim to achieve early conciliation with your employer. However, our lawyers can assist in this process where appropriate and we have formally been instructed.
Please be aware that the ACAS process can take up to around a month to complete, which will be taken from the three months you have to begin with. It’s important to act quickly in order to bring a tribunal claim. If the conciliation procedure is unsuccessful, we may be able to support you with the tribunal. If you feel you have a potential employment claim please act quickly and contact us today.
