Constructive Dismissal and Unfair Dismissal

There are three types of dismissal where an employee may look to make a claim against their employer:


(Click here to read about gross misconduct).

Constructive Dismissal

Constructive dismissal is where an employer breaches the terms of your employment so much so that you feel that you have no other option but to resign and sue your employer. The onus is on the you to prove your employer has breached your employment contract so that you can get constructive dismissal compensation. A constructive dismissal claim is a lengthy and costly process so you need to work out if it is worth doing. Read this article to find out - Should I sue my employer?

Sadly there is a very low success rate of winning a constructive dismissal case, however, there are things to improve your chances which we'll explain to you.


Unfair Dismissal

An unfair dismissal is where an employee is dismissed and they feel the company has breached the terms of their contract. There are 5 types of unfair dismissal:

  • Capability or Qualification Dismissal
  • Conduct Dismissal
  • Redundancy Dismissal
  • Statutory Restriction Dismissal
  • Some Other Substantial Reason (SOSR) Dismissal

Only an employee has a statutory right not to be dismissed unfairly and if a company does then the employee can make an Unfair Dismissal Claim.


Wrongful Dismissal

Wrongful dismissal is when the terms of your contract have been breached in the process of your dismissal. It differs from unfair dismissal in that you can be dismissed for a perfectly valid reason, but if the correct disciplinary, dismissal and redundancy procedures are not followed, your dismissal is wrongful.

Your employer must follow the Acas code of practise on disciplinary and grievance procedures as minimum, and they must honour any additional rights and procedures granted to you in your contract of employment, including their company procedures.


Is it worth bringing a dismissal claim to tribunal?


Do you need help? Speak to our co-founder Claudine Boast who is a practising solicitor and runs her own law firm, Parachute Law. Click here to ask her a question:


Employment Law Friend Privacy Promise
Employment Law Friend Privacy Promise

We promise not to share any of the information you provide to your employer.
What you tell us, stays between us.
We're loyal like that.
Talk to a Professional

If you're facing dismissal, we can help.


Just get in touch today to speak to one of our professional Employment LawFriends

 
 
Please be advised that we are a UK company and our advice applies to employment law in England and Wales, only.
Agree to Terms | Privacy Policy
We reply to all messages within 1 working day and will help wherever we can!
Dismissal Documents from Employment Law Friend

Are you looking for professional advice?

Were you forced out and feel you have a constructive or unfair dismissal case? Let's help you fight this!

 
A Guide On Constructive Dismissal Claims; At Work From Employment Law Friend

Constructive Dismissal

Unfair dismissal claims with Employment Law Friend

Unfair Dismissal

Wrongful Dismissal Claims with Employment Law Friend

Wrongful Dismissal

 
grievance advice from employment law friend

Grievance

One of THE most important stages is to get your grievance right.
harassment advice from employment law friend

Harassment

Find out what types of harassment there are and none are acceptable.
bullying in the workplace: advice from employment law friend

Bullying at Work

No one should ever be bullied. Find out what is bullying and what you can do.
discrimination advice from employment law friend

Discrimination

What is discrimination? How to spot it and what you can do.
constructive dismissal advice from employment law friend

Dismissal

Did you have to resign or get dismissed because your employer breached your contract? Find out your rights.
redundancy advice from employment law friend

Redundancy

Did your employers follow the correct procedure? What is a settlement agreement?