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Unfair and Constructive Dismissal

If you have been dismissed from your job you may be able to claim against your employer if you can show your dismissal was unfair. Your employer must have fair reason for dismissing you and he or she must also have followed correct procedure when enacting the dismissal.

If you have been forced to resign from your position because of the conduct of your employer you may be entitled to bring an action for constructive dismissal against them.

What Constitutes Unfair Dismissal?

Your dismissal could be deemed unfair if:

  • Your employer had no good reason for terminating your employment (ie you were doing your job well and acted professionally).
  • Your employer failed to follow the correct dismissal procedure.
  • Your employment was terminated for an automatically unfair reason such as wanting to take maternity leave or joining a trade union.

What Are The Correct Dismissal Procedures An Employer Should Follow?

If your employer started taking disciplinary action against you on or after the 6th April 2009 they should follow the principles laid out in the Discipline and Grievances at Work: The ACAS Guide. An employer is not legally required to follow the code, however, if an employee is found to have been unfairly dismissed by an Employment Tribunal the employer may be required to pay a greater sum of compensation if they cannot provide good reason as to why they did not follow the ACAS Guide.

What Constitutes Constructive Dismissal?

If your employers actions have left you no choice but to resign from your position then you may be able to claim compensation for constructive dismissal.

Actions which may constitute constructive dismissal include:

  • Bullying and harassment.
  • Your employer breached your employment contract in a serious fashion, for example, they suddenly ceased to pay you.
  • You were made to work in unsafe conditions.
  • Your employer tried to force you into accepting unreasonable changes in your work conditions

Has This Happened To You?

The team at Bennett Oakley Solicitors have many years’ experience in dealing with employment law matters. We understand that being unfairly or constructively dismissed can cause huge stress on families and individuals. Therefore, we will take the time to listen to the facts of your situation and advise you on the next steps to take. It is important to note that the sooner you seek legal advice in these situations the better. Ideally, you would want to be talking to us before you have left or been dismissed from your employment. This will allow us to advise and assist you through the process of negotiation and mediation, giving you the opportunity to preserve your relationship and position with your current employer.

Our Unfair and Constructive Dismissal Team

James Leighton

Managing Director

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