DBS Law Ltd

unfair and constructive dismissal

If you have lost your job, you will have been dismissed where:

• Your employer terminates your contract of employment
• You are on a  limited term contract and it ends but isn't renewed
• You resign in circumstances where you are entitled to do so because of your employer’s actions

Any dismissal has to be considered to see if it is fair or unfair depending on the reason for dismissal and whether the dismissal process was itself reasonable in all the circumstances. What is reasonable is a matter for the Employment Tribunal to ultimately decide.

Constructive dismissal

Constructive dismissal occurs where you, as an employee, resign because your employer has behaved in such a way as to have substantially breached the contract of employment. Examples could include:

• Cutting your wages without agreement
• Unlawfully demoting you
• Allowing colleagues to subject you to harassment, bullying, victimisation, humiliation or discrimination
• Unfairly increasing your workload
• Changing the location of your workplace at short notice
• Making you work in dangerous condition

The breach of contract can result from either a single serious event or the last in a series of less serious events.

DBS Law’s Employment Department provides expert advice to employees on all aspects of employment law. Whether you require initial advice on a particular problem at work or believe you have grounds for a claim we can assist 

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