Unfair and Constructive Dismissal
Unfair dismissal and constructive dismissal claims are one of the most common types of claims that can be pursued in the employment tribunal. Although on the surface they appear to be quite straightforward, in reality they can become quite complex. We can offer advice on the prospects of an unfair or constructive dismissal claim, and advise whether it would be better to settle the matter or proceed to a hearing.
If an employee’s employment began before 06 April 2012 and they have over a year’s service, that employee will be eligible to bring a claim for unfair dismissal.
If an employee’s employment began after 06 April 2012, they will need two years’ service before being eligible to bring a claim for unfair dismissal.
Generally speaking, if an employee with the requisite service (set out above) is dismissed, they will have the right to bring a claim for unfair dismissal. However, if the employer can show that the employee was dismissed for one of the six potentially fair reasons, they may be able to effectively defend the claim.
The six potentially fair reasons are capability, conduct, retirement, redundancy, illegality and some other substantial reason.
If a former employee is bringing a claim for unfair dismissal and you have been named as the respondent, please contact us for advice or assistance. Alternatively, if you are thinking of dismissing an employee and would like to take advice before you do so, please contact us.
Constructive dismissal is where an employee can show that their employer behaved in such a way that was so serious the employee felt they could no longer work there and had to resign immediately.
If an employee’s employment began before 06 April 2012 and they have over a year’s service, that employee will be eligible to bring a claim for constructive dismissal.
If an employee’s employment began after 06 April 2012, they will need two years’ service before being eligible to bring a claim for constructive dismissal.
To bring a claim for constructive dismissal, an employee must not only have the requisite service as detailed above, they must also show that their employer has committed a fundamental breach of their contract (this can include a breach of the implied term of mutual trust and confidence), that they felt that they could no longer work there as a result of the breach, and that they resigned without delay.
If you have been named as a respondent in a constructive dismissal claim and would like assistance, please contact us.