Dismissal from work

Sometimes matters do not pan out as we would hope, and we are here to guide and support you if you have been dismissed. We can advise whether you have a claim for Unfair or Constructive Dismissal.

Unfair Dismissal

Who can claim?

In most cases, you must have been continuously employed for at least two years from the date of your Dismissal. This does not apply if you have been dismissed for an automatically unfair reason, such as pregnancy or a pregnancy-related illness, or dismissed as a result of direct or indirect discrimination based on your sex, race, disability, sexual orientation, gender orientation, religion or philosophical belief, marriage or civil partnership.

When will a dismissal be unfair?

Your Dismissal may be unfair unless it is for one of five potentially fair reasons:

• Capability
• Conduct
• Redundancy
• Contravention of a statutory requirement (such as the need to have a full driving licence)
• Or some other substantial reason

Even if the reason for your Dismissal is potentially fair, your employer will still need to show that they have acted reasonably in all the circumstances. Your employer should follow the guidance set out in the ACAS code.

Constructive Dismissal

Constructive Dismissal covers circumstances where an employee resigns because of his employer’s conduct. The employer’s conduct must go to the heart of the employment contract such that it can be said that the employer has ridden roughshod over the contract. To claim Constructive Dismissal, you must resign immediately due to your employer’s actions.

How much can I claim for Unfair or Constructive Dismissal?

You can claim a Basic award and a Compensatory award. The Basic award is calculated in the same way as a Statutory Redundancy payment. The Compensatory award is calculated by reference to your loss of earnings from the date of your Dismissal to the date on which you obtained fresh employment/income or ought reasonable to have been expected to have acquired a new job.

What are the time limits for making a claim?

There are strict time limits for claiming Unfair or Constructive Dismissal. You will need to start Early Conciliation with ACAS and obtain an Early Conciliation Certificate before issuing a claim in Employment Tribunal. Your claim must be submitted to the Employment Tribunal within three months, less one day from the date you were dismissed (or you resigned in the case of Constructive Dismissal). This date can only be extended in very narrow circumstances. Our best advice is to seek legal advice early if you think you have a claim for Unfair or Constructive Dismissal.

Get in touch

Please get in touch with our Employment Litigation team for friendly advice and support with your claim. You can contact our team on 023 8063 9311 or email enquiries@warnergoodman.co.uk.