Differences in Unfair and Constructive Dismissal

The difference between an unfair dismissal case and a constructive dismissal case is in a constructive dismissal case, it’s the employee that has resigned citing that the employer’s treatment of them is so poor so bad that they’re justified in doing that in law. It’s still a dismissal it’s just that the employee has to resign. It’s very important to seek legal advice if you feel as though your work situation is so difficult that you want to bring a claim of that kind. Constructive dismissal claims can be quite difficult to bring; you need good evidence of the wrongdoing on the part of the employer but if you have that then you’ve potentially got a good case so it’s important to seek advice as soon as possible. If you delay too long you will miss your chance to claim.

Please note that you have just three months less one day in order to take steps to bring a claim in the Employment Tribunal.

Here is a video recorded by Head of Employment Law, Richard Lozano:

Our Employment Team often see employees who have been effected by unfair or constructive dismissal. We understand that navigating the different processes can be a difficult and daunting time, this is where our employment specialists can help. Our team can be contacted by calling 01302 341 414 or by filling out our online enquiry form!

We also have a range of other articles you may find beneficial, here are four which we have hand-selected for you to read:

• Dealing with conflict in the workplace
• 4 Tips: Reducing Employees stress in the workplace 
• Discrimination towards LGBTQ+ people in the workplace 
• How to deal with stress in the workplace? 

Reliance on Information

The information contained on this website is provided for informational purposes only and should not be construed as legal advice on any matter. You should not rely on the information published on this website. The information on this website does not take account of individual circumstances and may not reflect recent changes in the law. Do not act or refrain from acting upon this information without seeking professional legal advice: you are strongly advised to obtain specific, personal legal advice about your case or matter and not to rely on the information or comments on this website.