Unfair vs constructive dismissal

Constructive dismissalUnfair dismissal
You believe your employer has committed an extremely serious breach of your contract, often called a fundamental breach, so you have no choice but the treat the contract as ended. You need two years of service to claim this unless it's linked to discrimination or Health & Safety.If your employer has given you an unfair reason or followed an unfair process leading up to your dismissal it might amount to unfair dismissal. You need to have two years of service unless it is classed as an automatic unfair dismissal.

As you can see from the table above, most types of dismissal claims need two years worth of service before you can claim. Based on this, even if you have two years worth of service, we almost always recommend you do not resign before having exhausted the internal grievance procedure. This will work to your benefit in most cases as the employer will have more time to make mistakes, which you can use to support any claim to a tribunal down the road.

Should you decide to resign, make sure you have followed the advice listed on our template section regarding your type of grievance, especially regarding getting medical evidence and other evidence secured.

Updated: 10th May, 2021
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