In order to dismiss you, your employer generally needs to have a fair reason for doing so and needs to follow a fair process. If a dismissal (including redundancy) process is unfair and results in your dismissal, you may be entitled to compensation for unfair dismissal.
If you have resigned, or are about to, then you might have a claim for constructive dismissal, which is a particular type of unfair dismissal. You must be able to show that your employer committed a serious breach of your contract of employment and that you have resigned as a consequence within a reasonable period of time.
In most cases, you must have been employed for a period of two years or more at the date of your dismissal to be eligible to bring a claim for unfair dismissal. However, there some situations when this will not be necessary - for example, for reasons connected with pregnancy or childbirth, health and safety, or making a protected disclosure (also known as “whistleblowing”).
How we can help
We have advised and represented many employees in relation to a potentially unfair dismissal. We can negotiate with your employer (or former employer) aiming to resolve the matter without the need for a claim. However, where this is not possible, we are happy to represent you in an Employment Tribunal claim.
If you might be or may have been unfairly dismissed, please do not hesitate to contact us as soon as possible, so that we can assist you in recovering any compensation that might be due.
Read more in our Mythbusters Guide: Termination of Employment
Please contact one of the team to discuss your specific requirements.
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