Understanding unfair dismissal
Under UK law, an employer can only fairly dismiss an employee for one of five potentially fair reasons:
- Conduct
- Capability
- Redundancy
- Continued employment would breach a statutory provision
- Some other substantial reason
Even where one of these reasons applies, the employer must also follow a fair procedure and show that the decision to dismiss was within the range of reasonable responses open to them. If they fail to do so, the dismissal may be unfair.
If you felt forced to resign because of your employer’s behaviour, for example due to a serious breach of contract, you may have a claim for constructive unfair dismissal, provided you meet the qualifying service requirement.
Strict time limits apply. You usually have three months less one day from the date your employment ended to begin ACAS Early Conciliation.
How we can help
Early case assessment
We will review the circumstances of your dismissal and advise whether you may have a valid claim.
Advice on constructive dismissal
If you resigned, we will assess whether your employer’s conduct may amount to a fundamental breach of contract.
ACAS Early Conciliation support
We can contact ACAS on your behalf and guide you through the Early Conciliation process.
Calculating potential compensation
We will advise on the compensation you may be entitled to and the potential value of your claim.
Preparing and submitting your claim
We can draft and submit your Tribunal claim to ensure it is clearly presented and filed on time.
Representation and negotiation
We will represent you in negotiations and, if necessary, throughout Employment Tribunal proceedings.
