Unfair dismissal is usually when your employment has been terminated for a reason that is unfair in your circumstances or the situation you are in. There are various reason why it could be classed as unfair, such as, there is no good reason, you asked for flexible working hours, you require time off for jury service and many more.
Constructive dismissal is when your employer’s manner gives you no option but to leave against your free will. There can be various reasons for your decision but it must be serious and genuine. This could include, not being paid, changing your hours unreasonably or maybe they let other staff bully you with their knowledge.
You can try getting help from an independent mediator and they can try and resolve your problem before making an employment tribunal claim.
As an employee you have a qualifying period of time that you have to have worked before you can make a claim.
If you have been unfairly dismissed and discriminated against, sex, pregnancy, maternity, race, religion etc. then you can claim for discrimination instead or as well as. To claim discrimination, you don’t need to have worked for the employer for a certain length of time.
The employer must follow certain procedures when they dismiss and employee. They don’t have to follow the ACAS guide but it would be in their favour to as if they don’t you might be entitled to more compensation for not following it.
You will have a meeting to discuss the problem, you have the legal right to have a colleague or union rep join you in the meeting. After the meeting you will get the decision in writing. You have the right to appeal if you don’t agree with the outcome of the meeting. It would be advantageous to appeal first because of you don’t and you take the matter to an employment tribunal hearing the compensation could be less due to you not taking the steps first.
Falconers Law can help find an amicable and fair solution if you have a case for unfair dismissal. Using our specialists at Falconers Law to help you with your unfair dismissals will be able to take the stress from you at an upsetting time and help you understand and make the right decision based on the nature if your claim. If you are at all unsure if you have been dismissed unfairly, please contact us and we will look into your case and advise on the information we are given.
