London: 020 3440 3705  |  High Wycombe: 01494 451355
Members of the Employment Lawyers Association and Members of the Association of Partnership PractitionersMost people's employment ends amicably and no claim is made against the employer.  However, in some circumstances, an employee may have grounds to commence proceedings either in the Employment Tribunal or the Civil Courts.

Once again a big thank you and it has been a pleasure being a client.

Executive Director and Shareholder, FTSE 100 company

Your calm, measured and objective approach really helped keep me calm and confident that I was making the right decisions. No one wants their employment to end like this, but it is nice to walk away on my own terms, with some security.

Employment Law client of Jessica Bass

You have been fab.

Vice President, UK & Europe, Household Name Restaurant

Thanks, as always for your sound timely advice.

Senior Legal Counsel, US Company

Jennifer Sole is the (wo)man for this job! Boutique firm based in London and she has helped a number of my friends. Very good and reliable.

Legal Counsel, Transport Infrastructure

We will always use you from now on for employment issues

Managing Director, Recruitment Marketing and Website Design Company

She was absolutely excellent with the client and his supportive family and combined infectious enthusiasm for the case with strategic good sense and judgment well beyond her years post qualification.

Leading Employment QC

You have been nothing short of amazing over the past 15 months. I would have never had the courage to pursue this were it not for your unending support, hard work, and conviction... You were the one who made it all happen

Investment Banker claiming discrimination in the City

If you are an employee and feel you have been unfairly treated, give us a call or take a look at the pages on this website which explain how we can help.

If a dismissal leads to an actionable claim then it will have been either unfair or wrongful.  The distinction between unfair dismissal and wrongful dismissal is explained below.  In practice, it is common when bringing a claim to argue on an alternative basis for both unfair dismissal and wrongful dismissal.  Constructive dismissal is also explained further below but it essentially occurs when the employer does not dismiss the employee but the employee resigns and can show they were entitled to do so because of the employer's breach of contract. A constructive dismissal may be an unfair dismissal or a wrongful dismissal.

Unfair dismissal
Unfair dismissal is a statutory claim available to employees who believe they have been dismissed unfairly or unreasonably by their employer.  If your employer did not have a fair reason for dismissing you or they did not follow the company’s formal disciplinary process, the dismissal is likely to be unfair and you have an opportunity to bring an unfair dismissal claim in the Employment Tribunal.

Potentially fair reasons for dismissal are:
Even with a potentially fair reason, an employer must still act reasonably and follow a fair and reasonable process when dismissing an employee. Only employees who have worked for a certain ‘qualifying period’ (currently two continuous years) have the right to bring a claim for unfair dismissal. Nonetheless, there are several exceptions, which include among other things, employees:
  • dismissed for asking for flexible working;
  • dismissed for trade union activities;
  • dismissed after they have blown the whistle;
  • dismissed for performing a health and safety activity;
  • dismissed after they had applied for maternity, paternity and adoption leave; and
  • dismissed because they were on any maternity, paternity or adoption leave.

Wrongful dismissal
Wrongful dismissal is a dismissal in breach of the employment contract, namely dismissal with no notice or with less than the contractual or statutory minimum period of notice. The claim is for the resulting loss. If an employee claims constructive unfair dismissal, it is usual that there is also a claim for wrongful dismissal, since resignation in response to a fundamental breach will be effective immediately.

In certain circumstances an employer can justify dismissal without notice where the employee has committed gross misconduct, such as where the employee has been violent or has stolen something.

Constructive dismissal
Constructive dismissal occurs where an employee decides to resign from their job in response to the employer’s conduct, which must amount to a fundamental breach of contract.  The employee’s resignation is treated as an actual dismissal by the employer. The employer’s fundamental breach of contract may be one serious incident or a series of incidents when taken together are serious, for example:
  • not being paid on time;
  • being suddenly demoted, for no good reason;
  • unreasonable changes to how employees work without appropriate consultation - e.g. shift change;
  • being bullied/harassed by other employees; or
  • falsely accusing you of misconduct such as theft without a proper investigation.

Our employment solicitors provide expert advice to help support you in appealing your dismissal, challenging the dismissal through the Employment Tribunal or negotiating an out of Court settlement. We understand how stressful it can be to face dismissal from your job, and our team of solicitors will take the time to understand your situation and provide the highest quality guidance and support throughout the process.

Please contact us today for a free no obligation consultation by calling either our London or High Wycombe offices on the telephone numbers referred to at the top of this page, or by email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Our Employment Law Team

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