Terms & Conditions | Constructive & Unfair Dismissal | Redundancy | Grievance & Disciplinary Procedures | Compensation 

What is Unfair Dismissal?

• To make a claim for unfair dismissal you must have completed 1 year’s full service with your employer (Note: exceptions to this rule can apply for discrimination cases).

• The general test for whether a dismissal is unfair is whether it was a reasonable response of the employer given the circumstances?

• Examples of potential unfair dismissal include:- termination of the employee’s contract of employment without notice. There are also some dismissals which will be automatically unfair e.g. dismissing an employee because they exercise their statutory right to maternity leave.

• Potentially fair reasons for dismissing an employee though can include the employee’s competence, qualifications, conduct or a redundancy situation.

What is Constructive Dismissal?

• This can occur where an employee is not dismissed but left their employment voluntarily. To make a claim for constructive dismissal the employee must demonstrate that their employer acted so unreasonably that they were left with no choice but to resign from their job.

• Generally the employee will have to show that there has been a serious breach of their contract by the employer or a serious breach of mutual trust and confidence.

• Examples of potential constructive dismissal include: - bullying & harassment, discrimination, changing key terms of an employee’s contract without their consent.

Please note that the information above is intended only as a guide and for specific advice on any of the above or related matters we would always recommend that you seek independent legal advice.