If you have worked continuously for your employer for over two years and are dismissed, you may be able to claim unfair dismissal.
There are certain ‘automatically unfair’ dismissals such as those based on discrimination law, because of trade union membership, health and safety and others.
A dismissal is fair for the following reasons:
- Misconduct at work
- Lack of capability (or qualifications) to do the job
- A statutory requirement
- Some other substantial reason
Unfair dismissal also considers if there are other reasonable options available to continue employment and the right procedure has been followed to support the employee.
This means that even if the employer has dismissed their employee for one of the above ‘fair’ reasons, they still have to show that they followed a reasonable procedure as set out in the Acas (Advisory, Conciliation and Arbitration Service) code of practice. They must also show that the decision to dismiss fell within the range of reasonable responses open to an employer.
Constructive dismissal is when an employee resigns because of a significant and fundamental breach of their contract of employment by their employer. These cases are hard to win. Not every breach of contract will entitle an employee to resign and claim constructive dismissal.
This means the breach, from a single or accumulation of events must be a fundamental breach of contract (e.g. a breach of the implied term of mutual trust and confidence).
Generally, in constructive dismissal cases, the employee needs to resign fairly soon after the breach occurred because if you wait until you have another job it is likely it would not be considered constructive.
Wrongful dismissal is a contractual right. It happens if the employer terminates the employment contrary to the terms contained in the employment contract. For instance, by failing to give the correct notice.
The minimum statutory periods of notice required from an employer are:
|Continuous Employment||Statutory Notice Period|
|1 month to 2 years||1 week’s notice|
|2 years to 12 years||1 week for each year worked|
|12 years plus||12 weeks’ notice|
If your contract of employment includes a greater notice period than statutory notice then your employer’s failure to pay your contractual notice may give rise to a claim of unlawful deduction from wages. In those circumstances compensation is usually loss of earnings for the notice period.
Dallas Legal will handle your case right from the beginning until the end.
We will start by providing you informative, honest, free advice in confidence. Moving forward, we will provide legal and business consultation reviewing and structuring the case to dealing with all correspondence and advocacy at hearings (if necessary).