Losing your job is always a difficult situation to handle, particularly if this happens as a result of unfair dismissal.
In these situations, it’s important to know what your legal rights are with regard to making a claim. The employment law experts at Davis Blank Furniss Solicitors will fully assess your case and provide all the support you need throughout the process.
What is unfair dismissal?
There are many situations where your dismissal from work could be judged as unfair. At its most basic, unfair dismissal occurs when your employer terminates your employment without good reason, or without following the company’s disciplinary procedures as outlined in the contract of employment.
You may wish to claim unfair dismissal if you are dismissed for:
- Taking time off for jury service, or your legal maternity/paternity leave entitlement
- Enforcing your rights, such as break times and tax credits
- Asking for flexible working hours, e.g. to deal with family commitments
- Joining in legal industrial action of 12 weeks or less
- Becoming part of a trade union
- Resigning with the correct notice period
What about constructive dismissal?
Constructive dismissal is slightly different, as this involves an employee resigning due to the poor conduct of their employer. This is usually referred to as a fundamental breach of contract or loss of trust and confidence in your employer.
You could claim constructive dismissal if you feel forced to leave your job due to:
- Having your pay decreased or withheld without warning
- Being demoted for no reason
- Being asked to work outside the terms of your contract
- Ongoing harassment or victimisation that your employer does not adequately address
In these cases, you should speak to a solicitor as soon as possible, as constructive dismissal claims are subject to a strict time limit and require a much higher burden of proof from an employee.
It is also important to note that unless you resign straight away, it will be difficult to claim constructive dismissal, as your employer will likely suggest that your ongoing employment meant you accepted the circumstances. However, it is prudent to take legal advice before you resign.