Unfair And Constructive Dismissal
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If you’ve been unfairly dismissed from your job, you may be entitled to compensation. However, it’s important to understand that not all compensation is guaranteed, especially if your own actions played a part in your dismissal. This is where the concept of contributory fault comes in.
The Rise of Unfair Dismissal Claims: What Employers Need to Know
Unfair dismissal claims are on the rise in the UK, a trend that poses significant challenges for employers. According to recent statistics from the Advisory, Conciliation and Arbitration Service (ACAS), there has been a notable increase in the number of employees seeking recourse through Employment Tribunals. This upward trend is attributed to a variety of factors, including economic instability, evolving workplace dynamics, and heightened employee awareness of their rights. In this article, we explore the key drivers behind the rise in unfair dismissal claims, the legal framework that underpins these claims, and actionable steps employers can take to mitigate risks.
Louise Maynard delivers a great overview of Constructive and Unfair Dismissal
There are strict time limits to adhere to. The time limit to bring a claim for constructive unfair dismissal expires three months less one day from the last date of employment.
In most cases, an employee should raise a grievance with their employer whilst reserving their legal rights to bring a claim for constructive unfair dismissal, and preferably before resigning.
The employee resigns without notice, such a claim will be for notice pay. Where the employee has at least two years’ service, the employee can claim constructive unfair dismissal.