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.
Find out more about the types of workplace dismissal below and contact our employment experts should you wish to talk about your situation. Call us free on 0808 164 0808 or request a call back, and we will call you.
What are the different types of dismissal?
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.
This is when your employer has fundamentally breached your employment contract, that 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.
Further advice on types of dismissal claims
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.
DISCLAIMER: You usually have three months less one day from the date of dismissal to initiate Early Conciliation with ACAS, meaning you should act fast.
We recommend you speak to one of our employment 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 once we have formally been instructed.
Please be aware that the ACAS process can take up to around six weeks to complete.. It’s important to act quickly in order to bring a tribunal claim. If you feel you have a potential employment claim please act quickly and contact us today.