Making an Unfair Dismissal Claim
Sometimes, there are legitimate reasons for dismissing an employee, but sometimes there are no real grounds. If you believe that’s the case for you, you may be able to make an unfair dismissal claim.
A dismissal could be unfair for several reasons, including if your employer has not given you good reason or they haven’t followed a formal dismissal process. However, to be able to make a claim, you must have:
- Been formally dismissed by your employer
- Been employed for at least two years
Good reasons for dismissal are not asking for flexible working, exposing wrongdoing in the workplace (whistleblowing), or if you apply for maternity or paternity leave.
You can be dismissed due to gross misconduct, redundancy, no longer being able to perform your job, or a long-term illness making it impossible for you to work. However, your employer should still look for ways to support you in the workplace and give you reasonable time to recover. If they don’t, you may be able to make a claim for disability discrimination.
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What is Constructive Dismissal?
Constructive dismissal is when you’re forced to leave your job against your will. The reasoning for this must be because of your employer’s conduct, and the reason must be serious.
Reasons for constructive dismissal could include:
- Your employer has stopped paying you
- You have been demoted without good reasonable
- They allow others to harass you
- You are forced to accept unreasonable changes to how you work
You should first try and resolve this with your employer and begin their formal grievance procedure. Details on how to do that should have been included in your staff handbook.
If your employer fails to address your concerns, please contact us as we may be able to help you.
Get In Touch with Chris Rudd Solicitors.
So, if you need advice on making a claim for unfair dismissal, please get in touch. We’d be happy to discuss your case and assess how we can help you. We can offer you:
- A team of experienced, expert solicitors on your side
- Clear, easy-to-understand advice throughout the whole process
- We work nationally, covering all of England & Wales
Call us now on 01925 351 350 to get started with a free initial consultation.