Wrongful Dismissal, Unfair Dismissal & Constructive Dismissal
Clients frequently ask me the difference between an unfair dismissal, constructive dismissal and wrongful dismissal claim at the Employment Tribunal. Read on for more about these types of claim. If you would like help with your dismissal claim, just call for a free telephone consultation with a qualified Employment Law Solicitor on 01522 440512.
Wrongful Dismissal, Unfair Dismissal Or Constructive Dismissal?
For any type of dismissal claim, your employment will need to have been brought to an end in some way.
A Wrongful Dismissal claim is a type of breach of contract. You would usually bring this type of claim where your employer has dismissed you without paying you for, or allowing you to work, your notice period. This might be the period specified in your contract (if you have one) or your statutory entitlement to minimum notice. Statutory minimum notice is:
- For 1 month to 2 year’s employment: 1 week
- For 2 or more years’ employment: 1 week for every full year up to a maximum of 12 weeks
How Do I Know If I Have A Wrongful Dismissal Claim?
Essentially, if you were employed for more than a month and were dismissed without notice (or less notice than you were expecting) then you may have a Wrongful Dismissal claim. If you would like to discuss your matter, just call for a free telephone consultation with a qualified Employment Law Solicitor on 01522 440512.
The Difference Between An Unfair Dismissal And A Constructive Dismissal Claim?
Constructive dismissal is a type of unfair dismissal claim. Essentially, it is where an employee is forced to resign or leave their job because of their employer’s conduct. An unfair dismissal is where an employer has ended the employment relationship and dismissed their employee unfairly.
Unfair Dismissal claims are usually where the employer has dismissed (sacked) the employee. 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.
How Do I Know If I Have An Unfair Dismissal Claim?
If you are not happy with the reason your employer gave for dismissing you and/or there was no proper procedure followed, you may have an unfair dismissal claim. Also, some dismissal are automatically unfair, for example, dismissing you for raising concerns about health and safety etc. If you would like to discuss your matter, just call for a free telephone consultation with a qualified Employment Law Solicitor on 01522 440512. For more information about unfair dismissal, please visit our website at https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy/unfair-dismissal/
If you have resigned your employment because of your employer’s behaviour, you should consider whether you have a constructive dismissal claim.
How Do I Know If I Have A Constructive Dismissal Claim?
If you have resigned or left your employment because of the behaviour of your employer, you may have a claim for constructive dismissal at the Employment Tribunal. For this type of claim, you need to be very clear what your employer’s offending conduct was. That conduct has to be serious and has to be a fundamental breach of your contract of employment. Therefore, being clear about the reasons for your resignation is incredibly important.
It is sometimes difficult for clients to articulate exactly why they felt that they could no longer continue with their former employer. Often, they say that they had just ‘had enough’ and sometimes they give examples of being treated unfairly that go back several years.
If you are contemplating this type of claim, you need to identify what your employer did (or did not do) and why you believe those matters were serious; going to the very heart of your employment contract and relationship with your employer.
Examples of behaviour by an employer that the Employment Tribunal have considered to be sufficiently serious for an employee to resign and claim constructive dismissal include:
- Failure to pay salary
- Frequently paying salary late
- Deducting payment from salary without explanation or notice
- Forcing unreasonable changes to shift patterns
- Forcing a demotion upon the employee
- Allowing harassment or bullying by other members of staff
- Allowing discrimination by other members of staff
An employer’s breach of your employment contract may be one very serious incident or, alternatively, a number of smaller incidents which together create a serious breach of your employment contract. The latter type of breach usually has a ‘last straw’. Very simply, this is a last incident or action which brings the employee to the conclusion that they can no longer continue working for that employer.
If you would like to discuss your matter, just call for a free telephone consultation with a qualified Employment Law Solicitor on 01522 440512. For more information about constructive dismissal, please visit our website at https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy/resignation-and-constructive-dismissal/
Lincs Law Employment Solicitors Can Help
Our specialist Employment Solicitors want to help you. If you would like to discuss your matter, just call for a free telephone consultation with a qualified Employment Law Solicitor on 01522 440512. Alternatively, for more information about Employment Tribunal claims, please visit our website at https://lincslaw.co.uk/services/employees/employment-tribunal-claims/
Specialist Employment Law Solicitor
LincsLaw Solicitors, Lincoln
Tags: constructive dismissal constructive dismissal solicitor constructive dismissal solicitor lincoln unfair dismissal unfair dismissal solicitor unfair dismissal solicitor lincoln wrongful dismissal wrongful dismissal claim wrongful dismissal claim value