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Unfair + constructive dismissal

Being dismissed from your job is stressful enough, but it’s particularly hard if you feel your dismissal is unfair or if you’ve been forced to resign following a dispute.

It’s important to remember that as an employee, your employment rights are protected, including your right not to be dismissed unfairly. However your employer also has rights, and can terminate your contract – with or without notice – assuming their reasons are valid, justifiable and they act reasonably in the circumstances.

So what exactly constitutes an unfair dismissal or constructive dismissal claim?

Unfair dismissal

If there isn’t a good reason for dismissing you, or your employer has failed to follow a formal disciplinary or dismissal process, you may be able to make an unfair dismissal claim.

An example of unfair dismissal would be when your role was terminated due to you taking maternity leave, or for health and safety reasons.

Constuctive dismissal

If you’ve been forced to resign from your position because your employer has been in breach of their contract, or if you’ve left due to harassment or bullying in the workplace, you may still have a claim. This is what is known as a ‘constructive dismissal’ claim.

Examples of a constructive dismissal claim are when you’ve been forced to accept unreasonable changes to your shift pattern, or if you’ve been demoted without good reason.

Further information

If you have a dispute at work, believe you’re treated less favourably than your colleagues or you’ve been unfairly dismissed, speak to our employments lawyers in Bristol or South Gloucestershire.

We have extensive experience in representing employees are employment tribunals, appeal tribunals and the higher courts.

Call us on 0117 325 2929 or complete our online enquiry form.

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