Unfair or Constructive Dismissal

If you feel you have been wrongly dismissed by your employer, or are facing disciplinary action at work, it can be extremely upsetting and stressful. Likewise, if you have resigned due to a workplace dispute it can be hard to know what to do next.  However, if you feel that this has happened to you, our experienced employment law specialists can talk you about bringing an unfair or constructive dismissal claim against your employer and seek compensation.

Larcomes has a specialist employment law team that can advise employees on all matters relating to unfair, wrongful or constructive dismissal, disciplinary action, grievances and discrimination and much more.

There are certain time limits and processes you need to follow so it is important that you seek legal advice as soon as possible.

Contact our specialist Employment Law Team today on 023 9244 8100 or make an online enquiry.

What is the difference between constructive and unfair dismissal?

Under employment law rules, if you have continuously worked for an employer for at least two years, you are entitled to a number of legal rights. Under these employment rights, you cannot be dismissed without a fair reason and these include:

• Capability
• Conduct
• Redundancy
• Breach of statute
• Some other substantial reason (SOSR)

Unfair dismissal is where your dismissal was unlawful, usually due to either one of the 5 fair reasons mentioned above not being applicable, or if your dismissal was unreasonable or if there has been a failure of your dismissal or grievance process.

Constructive dismissal, also known as constructive unfair dismissal is where a situation at work or your employer’s conduct forced you to resign. This can be for a number of reasons including failure to be paid by your employer, discrimination, harassment, or bullying in the workplace or if there has been a fundamental breakdown of the employment relationship due to unmitigated circumstances.

How long do I have to make a claim against my employer?

You need to seek legal advice as early as possible if you have been unfairly dismissed or you have had to resign due to unfair treatment at work. This is because the time limit is three months, less one day, from the date of your unfair or constructive dismissal to file a claim.

There is a mandatory Early Conciliation process you must follow before the time limit called Advisory, Conciliation and Arbitration Service ‘ACAS’. The ACAS process is compulsory for most claims and must be completed to obtain a certificate from ACAS before you can lodge a claim with the Employment Tribunal. The process is there to try and resolve matters amicably without the need to go to court.

We have the expertise to guide you through the ACAS process and where ACAS Early Conciliation fails, we can guide you through the next steps to make an unfair dismissal or constructive dismissal claim in an employment tribunal.

Employment Law Solicitors

This area of law can be extremely complex and it is important that you speak with an employment law solicitor who can talk you through the options open to you, where you stand legally and give you an honest assessment of your case and likely chances of success if you proceed to an Employment Tribunal or Employment Appeal Tribunal.

Larcomes have an experienced team of employment lawyers, with offices in Portsmouth and Waterlooville and whatever your employment law matter, our employment law team are here to help you.   Remember you can talk to us in complete confidence and gain reassurance from speaking to someone who understands your situation.

If you have an employment law query regarding unfair, wrongful or constructive dismissal or if you are facing disciplinary action or unfair treatment at work, contact us today on 023 9244 8100 for fast, constructive advice that’s friendly and local.

Find out more about the head of our specialist employment law department  – Employment Solicitor David Sumner