Unfair Constructive & Wrongful Dismissal
We provide expert guidance on unfair-constructive & Wrongful dismissal, the legal options available and represent clients in negotiations and tribunal proceedings. Whether you are an employer facing an unfair dismissal claim or an employee seeking to challenge being dismissed, we are here to provide you with the legal advice, support and representation you need.
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Unfair Dismissal
Any potential claim for Unfair Dismissal starts with a dismissal where the employer is the one who has brought the contract of employment to an end.
If you resigned your employment, then this will be Unfair/Constructive Dismissal which is dealt with below.
If your employer has ended your employment, then you should consider whether your dismissal was fair. If your employer did not have a good reason for dismissing you and/or failed to follow a fair procedure when doing so you may well have a claim for Unfair Dismissal.
Not all employees can bring a claim for Unfair Dismissal, you will need to have been employed by your employer for a minimum of two years . However, there are exceptions to this rule, for example if you have been dismissed because you are a whistle-blower or are dismissed due to pregnancy or maternity leave which is discriminatory. There are other exceptions to the two year rule which may apply to you.
Also, if you are dismissed close to the two year deadline, but your statutory notice period would take you over that deadline, you can be deemed to have two years service.
What is Automatic Unfair Dismissal?
As explained above, usually, an employee needs two years of continuous employment to claim unfair dismissal. However, individuals can claim automatic unfair dismissal even when they have been employed for less than two years.
An automatic unfair dismissal as defined under the Employment Rights Act 1996 means that an employer terminates employment for wrong reasons. This legislation details situations where a dismissal will automatically qualify as unlawful.
The Equality Act 2010 identifies nine protected characteristics that every employer must safeguard in the workplace. This means if an employee is treated unfavourably or dismissed for reasons related to these characteristics, an employee can claim automatic unfair dismissal through discrimination without having two years of continuous employment.
Another reason which is growing momentum are acts related to protected disclosures, workers’ rights, and freedom of association. In whistleblowing cases an employee can have a solid case of automatic unfair dismissal if an employer dismisses them for raising concerns of wrongdoing in the workplace.
Compensation for automatic unfair dismissal usually includes an amount paid to the worker for the time they spent out of work and lost income. The calculation of this is multiplying the number of weeks/months without work. There is a cap on the weekly amount of £700 per week for dismissals after 6 April 2024. There is a cap on unfair dismissal claims, currently £115,115 from 6 April 2024.
There is also an option for re-employment – reinstatement if wrongfully dismissed.
What is Constructive Dismissal?
Constructive dismissal claims can arise for various reasons where an employee feels aggrieved about their employers’ conduct. We would not advise any employee to resign from their employment at least not without the take legal advice. Our clients who we have represented have done so because they felt they had no other way, because they just could not continue to work in the conditions they were experiencing. They have felt forced to resign for bullying at work, pay problems, unfair performance management, unfair workloads, lack of support for disabilities etc.
Constructive dismissal claims are very difficult to pursue and, if you are considering resigning in contemplation of a claim to the Employment Tribunal, you must first seek legal advice.
You must submit your claim to the Employment Tribunal within three months less one day of your dismissal or resignation. You use the last day of your employment as the first day when calculating the time limit. For example, if your last day of employment was 30 May, your claim would need to be submitted to the Employment Tribunal on or before 29 August.
Important
Please note, before submitting your claim you will first have to go through the ACAS Early Conciliation Process.
Employment Tribunal time limits can be extended if you are going through the conciliation process when your Employment Tribunal time limit would normally expire. However, if you do not start the ACAS Early Conciliation Process within the normal time limit, you will not receive any extension to submit your claim.
Employment Tribunal time limits are incredibly strict and if you have been dismissed you should seek legal advice immediately. Claims submitted “out of time” will not be accepted by the Employment Tribunal and in those circumstances your ability to pursue your claim will be lost.
What is the Difference Between Wrongful Dismissal and Unfair Dismissal?
There are clear differences between the terms unfair dismissal and wrongful dismissal, although often they are both included at the same time as heads of a claim brought in an employment tribunal. The main differences between them in law is that unfair dismissal concerns statutory rights, while wrongful dismissal relates to contractual rights.
The amount of damages awarded to employees for wrongful dismissal includes the value of pay and benefits. This would be items such as pension entitlement, health cover, any car allowance and bonuses which arise that the employee would have received had the contract been terminated lawfully.
Why Choose PW-LA?
WHY SHOULD YOU INSTRUCT PATRICIA TO REPRESENT YOU?
EXPERT alternative dispute resolution
With specialist expertise in dispute resolution, PW-LA delivers comprehensive litigation and advocacy services focussing on tailored fixed fees to meet clients’ specific budgets and desired outcomes.
CLient centred approach
Clients are priority receiving equal attention to your unique experiences, perspectives and circumstances; listening to your concerns with empathy and understanding, and acting in your best interests is the service you can expect. Taking care to ensure your budget aligns with your expectations and achieving that best desired outcome. You will receive clear, practical advice and representation, guiding you through the legal process with transparency, at all times mindful of legal costs to pursue or defend a case.
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PW-LA embraces the latest technology and tailored specialist legal AI software, passing on the benefits of reduced preparation times, and adding savings on costs. Providing you with convenient and efficient litigation and advocacy services. From virtual consultations to flexible communication options, including WhatsApp and Zoom, we ensure that you can access our services anytime, anywhere.
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Get in touch with Patricia today to discuss your dispute for an initial free, no obligation consultation.
Our registered office is at Tower House Business Centre, Fishergate, York, YO10 4UA, United Kingdom.
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