Unfair & Constructive Dismissal: Your Rights
We can help if you’ve been:
- Dismissed without warning or proper procedure
- Let go after raising concerns or whistleblowing
- Made redundant unfairly
What you will need to show:
- You’ve worked for your employer for at least two years
- There was no fair reason for your dismissal
- Your employer did not follow a fair procedure, such as the Acas Code of Practice on disciplinary and grievance procedures
Automatically unfair dismissals can occur regardless of your length of service. These include being dismissed for:
- Whistleblowing
- Pregnancy or maternity leave
- Requesting flexible working
- Trade union membership
- Raising health and safety concerns
We’ll assess your situation, explain your legal options, and represent you in negotiations with your employer or at an employment tribunal if necessary.
Constructive dismissal happens when an employee feels they have no option but to resign due to their employer’s serious breach of contract. This breach may be a single incident or a series of actions that make continuing in your role impossible. Common examples include:
- Unpaid or persistently late wages
- Unjustified demotion or significant changes to your role
- Bullying, harassment, or discrimination
- Unsafe working conditions
- Retaliation for whistleblowing or raising concerns
- Failure to address formal grievances
- Sudden changes to working hours or location without consultation
If your employer’s conduct has broken the implied term of trust and confidence, you may be entitled to resign and pursue a claim.
Frequently Asked Questions
We aim to make employment law as simple and stress-free as possible. Alongside our personal guidance, our FAQ section answers common questions that may arise in relation to employment law.
Unfair dismissal occurs when your employer terminates your employment without a fair reason or fails to follow a proper procedure. Common unfair reasons include whistleblowing, asserting statutory rights, or discrimination.
In most cases, you need to have worked for your employer for at least two years. However, some dismissals - such as those related to discrimination or whistleblowing - are considered automatically unfair, regardless of your length of service.
You may be entitled to a basic award (based on age, length of service, and weekly pay) and a compensatory award (for loss of earnings and benefits). We’ll help you calculate what you may be owed.
Yes. Many cases are resolved through negotiation or settlement before reaching tribunal. We’ll explore all options to resolve your case efficiently and fairly.
Employment Lawyer Near Me
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