Whether someone has been directly dismissed or considers themselves forced out due to an employer’s poor conduct, dismissal always hurts. People generally wish to move from one job to another in an amicable and quiet fashion – and do so all the time. So when the terms of moving on are unfavourable, it’s little surprise that all sorts of legalities frequently come to bear.
The good news is that while it sounds complicated, making a dismissal claim doesn’t have to be so. Whether an employee is looking to make an unfair, wrongful, or constructive dismissal claim, legal assistance and guides are available to make the process easy, without adding further pressure to an already stressful time.
Below is a short beginner’s guide to the differences between constructive, wrongful, and unfair dismissal and what can be done legally to make a claim.
Constructive dismissal
Constructive dismissal describes a scenario wherein an employee is essentially forced to leave their job. This may happen because an employer drastically changes the terms of contract or role without first consulting the employee, cuts pay or doesn’t pay the employee at all, or demotes an employee for no reason and without warning. Other causes may relate to bullying or harassment or false accusations against an employee. Anything considered an infringement on an employee’s contract – both direct and indirect – may be considered constructive dismissal. In this instance, the former employee may make a https://www.employmentlawfriend.co.uk/constructive-dismissal constructive dismissal claim within three months less a day of their termination.
Wrongful dismissal
Wrongful dismissal takes place when an employee’s contract is terminated in direct breach of contract. In other words, if any employer decides to terminate their working agreement without adhering to the employee’s notice period, this is called a wrongful dismissal. In this case, the former employee may wish to make a claim for the resulting financial loss covering the notice period. The only exceptions here would be gross misconduct such as violence or theft by the employee, in which case, immediate dismissal without notice would be warranted. Again, wrongful dismissal may be claimed via ACAS within three months less a day of the termination. However, claims can also be made via the courts for up to six years.
Unfair dismissal
Distinct from wrongful dismissal, unfair dismissal is a broader term that allows employees to make a claim should they believe the termination of their working contract wasn’t handled fairly. Employers need to follow the company’s formal disciplinary guidelines as well as giving a reason for the termination of contract, otherwise this could be considered an unfair dismissal. Some common examples of unfair dismissal include being let go for requesting flexible working, for being on maternity, paternity or adoption leave, or for performing an activity in relation to a trade union, health and safety, or whistleblowing.
A claim against a former employer may be a valid option, in particular, where the former employee has suffered financially in direct relation to the termination of their contract. The right legal guidance can help make a wrongful, unfair, or constructive dismissal claim a simple and straightforward process and help the employee in a time of financial stress, so they may get back into the workforce quickly with the issue resolved.
Employers expect their workforce to adhere to their contractual obligations and guidelines, and rightly so. However, employers are not exempt from following the rules they request. In an instance where an employer does not dismiss their employee with a reasonable justification, in breach of their contractual arrangement, or for reasons that aren’t justifiable under UK law, employees should rightfully reach out for legal assistance.