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Unfair Dismissal and Constructive Dismissal

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If you believe that you have been unfairly dismissed from your job, we are here to provide you with the expert advice you need.

Whilst employers can dismiss employees fairly, to do so they must have established a fair reason (most commonly redundancy, capability or misconduct) and followed a fair procedure. If your employer has failed to do this, our specialist employment law team can advise you on your options, including the prospects of pursuing an unfair dismissal claim in the Employment Tribunal.

If an Employment Tribunal finds that you have been unfairly dismissed, it is likely that you will be awarded compensation and your employer may be ordered to reinstate you into your old job (if that is what you are seeking).

“I would like to thank Wilson Browne for the brilliant way that you handled my unfair dismissal case, which you brought to a very satisfactory conclusion. I won’t hesitate to recommend Wilson Browne to others in the future.” – K. Exall.

If you are unsure whether your employer has followed a fair procedure in terminating your employment a useful document to consider is the Acas Code of Practice on Disciplinary and Grievance Procedures. The Acas Code sets out the procedures employers should follow before dismissing an employee for misconduct or poor performance (capability).

Alternatively, it may be the case that you have not been dismissed, but instead feel that you have been forced to resign from your employment because of the conduct of your employer. In this scenario, you may have a case for constructive dismissal.

An employee is deemed to have been constructively dismissed if they have resigned in response to a fundamental breach of contract by their employer. If this applies to your situation, our employment team is on hand to discuss the options available to you.

For a free, no obligation consultation, call our Employment Law Team.