If you have worked for an employer continuously for at least two years, you have a number of legal rights. This means that you cannot be dismissed without a fair reason, or where the reason was not enough to justify dismissal and your employer did not follow a fair procedure.
Fair reasons include:
- Capability – Where your health or abilities are not up to the demands of your role
- Conduct – For example, where you are consistently late, abusive to others or frequently absent
- Redundancy – Where roles no longer exist or there is a reduced requirement for a particular role or type of work, and you have been selected for redundancy based on fair criteria and a fair selection process
- Breach of Statute – For example, where an employee who needs to drive as part of their job is disqualified from driving, although driving would likely have to be an essential, or at least, a significant part of their duties, for the dismissal to be potentially fair
- Some other substantial reason (SOSR) – Which may include personality clashes with important clients or colleagues as well as reorganisation of a business.
If you believe you have been unfairly dismissed from wok, you may be able to challenge your employer’s decision. We have extensive experience of supporting our clients in unfair dismissal claims at the employment tribunal.
In circumstances where you have been so unfairly treated at work and you had to resign, you may have a claim for constructive dismissal. Constructive dismissal, also known as constructive unfair dismissal, occurs when your employer has treated you so badly that you have no choice but to resign. If you believe that your position at work has become untenable, it is often a good idea to talk to our experienced employment team to find out if you may bee able to resign and then bring a constructive dismissal claim. Alternatively, if you have already been forced out of your job, or unfairly dismissed in some other way, we are always happy to guide and advise you.
If you have had to resign because of unfair treatment in the workplace, or you feel you have been unfairly dismissed, you need to act soon. This is because you only have three months, less one day, from the date of your unfair or constructive dismissal to file a claim. You must start the mandatory Advisory, Conciliation and Arbitration Service (ACAS) Early Conciliation process before the time limit. This process is compulsory for most claims and must be completed and a certificate issued by ACAS before you can lodge a claim with the Employment Tribunal.
Our friendly Employment Team can assist with this proceed and guide you through the conciliation and, if necessary, tribunal process.
We will be happy to discuss any of the above and any other matters with you.