Search our in-depth knowledge centre for answers to your employment questions, plus hints and tips from the experts.

Search
Generic filters

As good as these posts are, they’re no substitute for legal advice, so we’re happy to have a chat about anything you read here – just get in touch.

Unfair And Constructive Dismissal

Compensation for constructive dismissal

Constructive dismissal is a form of unfair dismissal. It’s a complex area of employment law, but if a claimant is successful, the compensation awards can be substantial. Claiming constructive dismissal Constructive dismissal arises where an employee is not actually dismissed… Read on

Examples of pay outs for constructive dismissal

If an employee resigns due to the actions of their employer, and successfully claims constructive dismissal, they may be entitled to a financial award. We examine examples of constructive dismissal pay outs, and outline the maximum amount you could receive,… Read on

Claiming constructive dismissal

No employee should bring a claim of constructive dismissal lightly. Claiming constructive unfair dismissal in the employment tribunal can involve complex legal issues. We set out some points to bear in mind before embarking on such a claim. Litigation in… Read on

Letter of resignation for constructive dismissal

Resigning from a job in order to bring a claim of constructive dismissal should not be done lightly, yet is the only option in some scenarios. In this article, we set out a checklist for a constructive dismissal resignation letter,… Read on

Automatic unfair dismissal (or how to get around the 2 year rule)

The general rule is that only employees who have been employed continuously for two years or more can bring a claim of unfair dismissal. However, there are some important exceptions to the so-called “two year rule” which can be extremely… Read on

Can you be suspended from work without a warning?

There are various reasons why an employer might want to suspend an employee, usually in the context of a disciplinary matter. We answer all the questions you may have if you are suspended from work, including whether your employer has… Read on

Have you been dismissed for a fair reason?

It is unlawful for an employer to dismiss an employee unfairly. However, an employer is entitled to dismiss for a fair reason, provided it follows a fair procedure in carrying out that dismissal. So, what actually amounts to an unfair… Read on

Has my employer followed a fair procedure in dismissing me?

If you are eligible to bring a claim of unfair dismissal in the employment tribunal then you will need to show that your employer acted unfairly in dismissing you, in order to win your claim. Assuming that an employer can… Read on

Can I bring a claim for unfair dismissal?

Not everyone whose employment has terminated can bring a claim of unfair dismissal. There are some important qualifying criteria which you must satisfy otherwise you will not be eligible to bring an unfair dismissal claim. Only once you have understood… Read on

Is unfair dismissal and constructive dismissal the same thing?

In a nutshell, when someone is constructively dismissed from their employment, they may be able to claim unfair dismissal (which is a statutory right set out in legislation). However, they will need to meet the various eligibility requirements for bringing… Read on

What are the five fair reasons for dismissal?

Employees who have been employed for two years or more are protected against unfair dismissal and, if they are dismissed they may bring a claim in the employment tribunal. An employer may defend a claim for unfair dismissal by showing… Read on

What is the difference between unfair dismissal and wrongful dismissal?

Unfair dismissal and wrongful dismissal may be used inter-changeably by the lay person but, they do not mean the same thing! They are two totally different types of claims which may be bought by individuals against their ex-employer. We explain… Read on

A quick guide to constructive dismissal

You may have heard the phrase “constructive dismissal” but, do you really know what it means? What does constructive dismissal involve and what are the legal implications when someone makes a claim for constructive dismissal? It’s a notoriously complicated area… Read on

Unfair dismissal fact sheet

Our latest fact sheet looks at unfair dismissal. Our series of factsheets is intended to cover topics which individuals may find of particular interest or, which are universally relevant but tricky to navigate.  Our aim is to give basic facts… Read on