Every employee has legal rights regarding unfair and constructive dismissal in the workplace. But bringing a claim to tribunal takes time, so you must act quickly and contact an employment solicitor as soon after the dismissal as possible. You have exactly three months less one day to do so, and ACAS procedures can take up a lot of that time.

If you feel that you’ve been treated unfairly by your employer in any way, or you’re unsure about what constitutes these types of dismissal, read below for further advice and guidance on what to do next. Or, call us now on 0808 164 0808.

Unfair dismissal

Unfair dismissal refers to 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 contract termination directly relates to one of these. If your employer cannot prove this, it’s highly likely that you’ve faced unfair dismissal.

Constructive dismissal

This is when you have been treated so badly by your employer, 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).

For further advice and guidance on handling unfair dismissal and constructive dismissal claims, or if you’ve already been forced out of your job, or unfairly dismissed in some other way, our employment team might be able to guide you through your options. In certain circumstances where early conciliation is not achieved through ACAS, we may be able to support you. Call us free on 0808 164 0808 or request a call back and we’ll call you.