Constructive and Unfair Dismissal Experts
If you have been dismissed without fair reason, or forced to resign due to unacceptable treatment at work, you may be entitled to bring a claim for unfair or constructive dismissal. Our experienced employment solicitors can advise you on your options, including whether to pursue a claim through the employment tribunal or take steps before resigning.
Constructive Unfair Dismissal FAQs
What is Constructive Unfair Dismissal?
Constructive dismissal, sometimes referred to as constructive unfair dismissal, arises where an employer’s conduct leaves an employee with no realistic option other than to resign. This can result from serious contractual breaches, such as non-payment of wages, or from wider issues including workplace discrimination, harassment, victimisation, or a fundamental breakdown of trust and confidence.
If your working environment has become intolerable, it is often advisable to seek legal advice before resigning. An experienced employment law expert can assess whether resignation may give rise to a constructive dismissal claim. If you have already left your role or believe you have been unfairly dismissed in another way, we can also provide guidance on your options.
Claims for constructive or unfair dismissal are legally complex. Success depends on demonstrating that the treatment you experienced was sufficiently serious to justify resignation. Specialist advice is therefore essential to assess the strength of your case and protect your position.
If your working environment has become intolerable, it is often advisable to seek legal advice before resigning. An experienced employment law expert can assess whether resignation may give rise to a constructive dismissal claim. If you have already left your role or believe you have been unfairly dismissed in another way, we can also provide guidance on your options.
Claims for constructive or unfair dismissal are legally complex. Success depends on demonstrating that the treatment you experienced was sufficiently serious to justify resignation. Specialist advice is therefore essential to assess the strength of your case and protect your position.
What is Wrongful Dismissal?
Wrongful dismissal differs from unfair dismissal in that it focuses on a breach of contract rather than the fairness of the decision to dismiss. A wrongful dismissal occurs where an employer ends employment in a way that violates the contractual terms.
Examples of wrongful dismissal may include:
Examples of wrongful dismissal may include:
- Failure to provide contractual notice, except in cases of gross misconduct
- Not following agreed disciplinary or dismissal procedures
- Failing to apply proper redundancy processes
- Ending a fixed-term contract prematurely without justification
- Making unilateral changes to contractual terms, such as pay or benefits
What are the Grounds for a Constructive Dismissal Claim?
There are situations where employees feel unable to continue in their role due to their employer’s actions, leaving resignation as the only option. This can arise for many reasons, including feeling unsafe, unsupported, or unfairly treated at work.
Common circumstances that may give rise to a constructive dismissal claim include:
Common circumstances that may give rise to a constructive dismissal claim include:
- Significant changes to working conditions without agreement, such as pay, hours, or location
- Unjustified demotion or removal of responsibilities
- Failure to deal with complaints of bullying, harassment, or discrimination
- Excessive workloads or unrealistic targets imposed to force resignation
- Lack of proper support, resources, or training to perform the role
- False allegations or damage to reputation without fair investigation
If you have been employed by the same organisation for at least two years, you may be eligible to bring a constructive dismissal claim. However, such claims require strong evidence and should generally be considered only after other options have been explored.
If you believe constructive dismissal may apply to your situation, it is important to seek advice as early as possible, ideally before resigning. Our specialist employment solicitors will review your circumstances in detail and provide clear, tailored advice to help you decide on the best course of action.
What Qualifies as Unfair Dismissal?
If you've worked for an employer continuously for at least two years, you have several legal rights that mean you cannot be dismissed without a fair reason. In the eyes of the law, fair reasons for dismissal could include:
- Capability: Where your health or abilities are not up to the demands of your role, for example if you have had persistent or long-term illness that makes it impossible to do your job
- Conduct: Where your behaviour is deemed unacceptable or inappropriate, such as poor attendance, harassment, bullying, theft, dishonesty, drug or alcohol abuse in the workplace
- Redundancy: Where roles no longer exist or there's a reduced requirement for a particular role of type of work, and you've been selected for redundancy based on fair criteria and a fair selection process
- Breach of statutory restriction: Where you are no longer able to perform the duties of your role legally, for example, if you are required to drive for work and you lose your licence
- Some other substantial reason (SOSR): This can encompass various scenarios not covered in the above and could include breakdowns in working relationships with colleagues or clients, or if your continued employment could lead to damage to the business reputation (for instance, if you’ve been arrested)
Dismissals made on the basis of SOSR can seem subjective. The core issue with any of these dismissals is that the reason must be ‘substantial’, and your employer will need to be able to prove that it has a significant impact on the business.
Reputational damage is one of the most common ‘other substantial reasons’ given, which can be quite vague. If you’re unsure whether your employer’s decision is fair, it is important to seek advice from a specialist employment lawyer as soon as possible.
Is there a Minimum Length of Service for an Unfair or Constructive Dismissal Claim?
In most cases, you will need to have worked for your employer continuously for 2 years before you can make a claim for unfair or constructive dismissal. If you have not yet worked for your employer for 2 years, you won’t be able to take legal action against your employer, even if it feels unfair.
There are, however, some exceptions to this rule. These include:
There are, however, some exceptions to this rule. These include:
- Dismissal for whistle blowing
- Dismissal on the grounds of discrimination (including sex, sexuality, disability, race and other protected characteristics)
- Dismissal due to breach of contract (for example, your working hours, pay, overtime policy has been changed without your agreement)
How to Claim for Unfair or Constructive Dismissal?
1. Speak to our employment specialists for tailored legal advice as soon as possible to start your claim within the time limit
2. We will examine the details of your case and advise you on the best way forward, including considering a formal grievance with your employer
3. You will need to take part in Acas Early Conciliation with your employer – this is mandatory, and attempts to resolve issues before they reach tribunal
4. If your case has not been resolved, you can then lodge an employment tribunal claim. Our industry-leading employment solicitors will be on hand throughout to support you
5. At every stage, our specialist solicitors will provide award-winning legal advice, tailored to you, ensuring your case has the best possible chance of success
2. We will examine the details of your case and advise you on the best way forward, including considering a formal grievance with your employer
3. You will need to take part in Acas Early Conciliation with your employer – this is mandatory, and attempts to resolve issues before they reach tribunal
4. If your case has not been resolved, you can then lodge an employment tribunal claim. Our industry-leading employment solicitors will be on hand throughout to support you
5. At every stage, our specialist solicitors will provide award-winning legal advice, tailored to you, ensuring your case has the best possible chance of success
Why Choose ARCOS Constructive and Unfair Dismissal Experts
No one should be made to feel like they are being forced out of employment or have to struggle with the impact of lost employment due to someone else’s unjust actions. If you feel like you’ve been treated unfairly by your employer, our specialist unfair dismissal experts are ready to provide the support and legal expertise you need.