Claims for unfair dismissal, wrongful dismissal and constructive dismissal are brought in the Employment Tribunal. If you are considering dismissing an employee, we can advise you on the correct procedures and steps to take.
If you are viewing this page after dismissing a member of staff we can advise you if your former employee brings a claim for compensation to an Employment Tribunal.
Contact our Employment team on 01843 234000 or send us a note of your enquiry using the form on the right hand side of this page.
For an employee to claim unfair dismissal usually requires a qualifying period of service of two years employment. Claims for unfair dismissal can only be made to an Employment Tribunal and there is a time limit of three months from the date of termination. There are some exceptions to the rule where the dismissal can be automatically unfair. In these cases there is no qualifying period.
Claims are normally made where there has been a breach of contract. The breach may be due to taking unfair disciplinary action, failure to provide a safe working environment, or failure to investigate harassment and victimisation complaints. Claims of wrongful dismissal can be made to a tribunal within three months of the dismissal, or a case can be taken to a county court or the High Court up to six years after the dismissal.
Constructive dismissal occurs where an employee feels that they have been given no option but to resign from their job. The employee has to prove that their employer committed a breach of contract that was so serious that they were unable to remain in their role.