Constructive and Unfair Dismissal

Unfair Dismissal Solicitors 

What is unfair dismissal? 

If your employee has worked for you  for at least two years, they have several legal rights. This means that they cannot be dismissed without a fair reason. Fair reasons in the eyes of the law include: 

  • Capability: Where your health and ability are not up to the demands of your role 

  • Conduct: For example, where you are consistently late, abusive to others or frequently absent  

  • Redundancy: Where roles no longer exist or there is a reduced requirement for a particular role or type of work, and you have been selected for redundancy based on fair criteria and a fair selection process 

  • Breach of statute: For example, where an employee who needs to drive as part of their job is disqualified from driving, although driving would likely have to be an essential or at least significant part of their duties for the dismissal to be potentially fair 

  • Some other substantial reason 'SOSR': Which may include personality clashes with important clients or colleagues as well as reorganisation of a business  


What is constructive dismissal? 

Constructive dismissal – also known as constructive unfair dismissal – occurs when the employer has treated the employee so badly that they have no choice but to resign. This can happen for contractual reasons, such as when they have not been paid, but it can also happen because they have been subjected to discrimination, victimisation or harassment in the workplace or if the trust and confidence in the employment relationship have fundamentally broken down. 

If you believe that their position at work has become untenable, it is often a good idea to talk to an experemployment solicitor.

What actions justify a constructive dismissal claim?

For example, where the employer:  

  • Has not taken steps to stop people harassing or bullying them 

  • Has demoted them without just cause 

  • Has not paid them 

  • Has made unreasonable changes to their working conditions  

  • Failed to provide a safe working environment 

  • Has not provided them with the support they needed to perform their role 

  • Withdrawn important benefits set out in their employment contract  

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