Have you been unfairly or constructively dismissed from work?
To bring a case of unfair and/or constructive dismissal you will need to have two years of continuous service with your employer unless you come under one of the exceptions below, in which case it can be less. If you believe you have been dismissed without proper cause or process, or felt forced to resign, you may have a case.
How unfair and constructive dismissal works
Unfair dismissal
If you have been dismissed from work for a reason that is unfair and/or the correct steps, procedures, or reasons have not been followed, you could be eligible for compensation based on unfair dismissal.
Constructive dismissal
If you resign and can prove your employer has acted without reasonable cause in a manner calculated or likely to destroy or seriously damage their relationship with you, you could be successful in bringing a claim for constructive and unfair dismissal.
Grounds for not needing a continuous employment period of at least two years include:
- pregnancy or maternity [ Discrimination]
- making a protected disclosure (whistleblowing)
- bringing proceedings to enforce a relevant statutory right
- alleging your employer infringed a relevant statutory right
- a dismissal that is related to health and safety
Most employees do not wish to return to an employer who has unfairly dismissed them, but if you do wish to do so, the employment tribunal must consider it.
If the tribunal makes an order for reinstatement or re-engagement, you are likely to be awarded compensation in the form of backpay representing the loss of earnings from the dismissal date to the date of judgment or reinstatement.
If you do not wish to be reinstated or re-engaged, the tribunal will make an award for compensation made up of a basic award and a compensatory award. The basic award is calculated using your gross weekly salary and the number of years you worked there and is subject to certain caps and a multiplier according to your age. The compensatory award is decided by the tribunal based on the circumstances and can be reduced if it is found that you caused or contributed to your dismissal.
Examples of an Employer’s Conduct That May Give Rise to Potential Claims for Constructive and Unfair Dismissal
- Bullying in various forms.
- Placing an employee on a performance improvement plan without good cause.
- A failure to pay wages or a reduction in pay without agreement or consultation.
- A failure to address a grievance promptly or a failure to investigate a grievance.
- A significant change of an employee’s duties without agreement or consultation.
- Demotion without agreement.
- Subjecting an employee to discrimination and/or harassment.
- Suspending an employee or subjecting an employee to disciplinary proceedings without any foundation.
- Subjecting an employee to excessive workload causing reasonably foreseeable damage to their health.
How ELS Solicitors can help
Our experienced employment law solicitors can help and advise you on your rights and whether you have a valid case for unfair or constructive dismissal. We can help you through the process to ensure you get what you are entitled to.