Curwens Solicitors

Frequent questions

What is the difference between an actual dismissal and a constructive dismissal?An actual dismissal occurs when your employer actually terminates the employment relationship. Constructive dismissal relates to your having resigned as a result of your employer’s actions and / or omissions.

Can anyone make a claim for unfair / constructive unfair dismissal at a Tribunal?No there is normally a pre-condition that you have to have been employed continuously for a period of at least one year. However, there are some... more >

I have been sacked out of the blue by the company for which I work. Can they do so without giving me a warning?There are circumstances where it would be lawful for an employer to terminate your employment summarily for example due to gross misconduct on your part. However... more >

How long do I have to make a claim of unfair / constructive unfair dismissal at a Tribunal?You must ensure you submit your claim three months less one day from your effective date of termination (EDT) e.g. if your EDT was 10th May 2009 you would... more >

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Unfair Dismissal

Unfair Dismissal

Have you recently been dismissed from your employment? A dismissal usually takes the form of an actual dismissal whereby the employment relationship is terminated by the employer.

However, there are occasions when resignation may amount to a constructive dismissal. This occurs when an employer breaches a fundamental term of the employment contract or behaves so unreasonably as to breach the implied term of mutual trust and confidence, which may entitle you to resign.

You may be fairly dismissed for one of the following reasons:

  • Capability
  • Misconduct
  • Redundancy (see Redundancy page)
  • Retirement
  • Illegality
  • Some other substantial reason eg business restructure, streamlining, cost efficiency, breakdown in relationship

Each has its own procedure which an employer must follow. If the employer fails to follow a fair procedure there is the potential that your dismissal was unfair.

In the first place, we would say to anyone who is employed but who is concerned about how their employer is treating them, to obtain legal advice before resigning. In a Constructive Dismissal case, a Tribunal will consider whether you resigned prematurely or if you delayed too long. If you delayed too long, you could be deemed to have accepted the breach. If you have already resigned, do still call us and we will see if there are sufficient grounds to pursue a claim.


If you have been dismissed, call us now!


We are employment specialists and can advise clients who have been dismissed and who are unsure as to whether their dismissal was fair, or not. We will review the circumstances with you and if appropriate, assist you in pursuing a claim against your former employer

 

 

 

 

 

 

Call us now to speak to one of our expert advisors or Request a Call Back using the form at the top of this page.

Meet the Team

Our Employment Team will always give you straightforward advice to resolve your issues. For more information about their expertise and experience in this area, simply follow the link below.


  • David Johnson

  • Teresa Harrison

  • Rebecca Doctors

  • Deborah Hogan

  • Kaajal Nathwani

For more information >


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