Being dismissed from your employment is often an incredibly stressful time. Our team of expert employment lawyers are highly experienced in the different kinds of claims for dismissal.
Constructive dismissal occurs where the employer does not dismiss the employee, but the employee has no option but to resign and can show that they were entitled to do so by virtue of the employer’s conduct. Employees often seek to rely upon the implied term of mutual trust and confidence.
For a constructive dismissal claim to succeed, an employee needs to show that:
Their employer was in repudiatory breach of the employment contract
They resigned in response to that breach; and
They did not delay too long before resigning in response to their employer’s breach.
Advice should be obtained prior to considering resigning as constructive dismissal cases are complex and steps can be taken to protect your position in so far as possible to maximise the chances of success.
If you have been forced to resign or feel that you have no option but to resign from your employment, please do not hesitate to contact us by telephone to speak with a solicitor from our employment team without obligation or simply fill out our enquiry form and one of our specialist employment lawyers will contact you.
If you have been dismissed for reasons which you feel are unfair you may have a claim for unfair dismissal. There are five potentially fair reasons to dismiss an employee:
Capability or qualifications
Some other substantial reason
Our team of specialist employment solicitors provide practical and no-nonsense advice, including reviewing your employer’s decision to dismiss you and the reasonableness of such decision, how best to challenge the decision, the level of compensation which you could be entitled to and acting on your behalf to reach an out of court settlement or pursuing a claim in the employment tribunal.
You can claim ordinary unfair dismissal if you are classed as an employee and have worked for your employer for at least two years.
In certain circumstances, a dismissal is deemed automatically unfair, such as dismissals for reasons connected to pregnancy or childbirth, health and safety activities and whistleblowing. For most automatic unfair dismissal cases, there is no qualifying period.
If you have been unfairly dismissed, or believe that you might be dismissed, then please do not hesitate to contact us by telephone to speak with a solicitor from our employment team without obligation or simply fill out our enquiry form and one of our specialist employment lawyers will contact you.
Wrongful dismissal does not look at the fairness of the decision but instead looks at whether the terms of the contract have been breached. An employee would have a claim for damages if the employer breached the contract and caused the employee to suffer loss. The purpose of damages is to put the employee in the position they would have been if the contract had not been breached.
A wrongful dismissal claim is commonly based on an employee been given insufficient contractual notice. A claim for wrongful dismissal may be issued in either the Employment Tribunal or Civil courts depending on the value.
If you believe that you have been wrongfully dismissed, then please do not hesitate to contact us by telephone to speak with a solicitor from our employment team without obligation or simply fill out our enquiry form and one of our specialist employment lawyers will contact you.
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