Employment
Unfair, constructive and wrongful dismissal claims
Losing your job, or feeling forced to resign, can have significant financial and personal consequences. The legal position will depend on the reason for dismissal, the process followed, your length of service, the contractual terms and whether any protected issues are involved.
We advise employees on unfair dismissal, constructive dismissal and wrongful dismissal claims. We can help you understand the differences between these claims, the remedies available and the practical steps needed to protect your position.
Types of dismissal claims
We can advise on disputes involving:
- Dismissal for conduct, performance, sickness absence or redundancy.
- Dismissal without a fair procedure or adequate investigation.
- Resignation following a serious breach by the employer.
- Failure to pay notice pay or contractual termination sums.
- Dismissal connected to discrimination, whistleblowing or protected rights.
- Appeals, settlement agreements and Employment Tribunal claims.
Choosing the right strategy
Unfair dismissal focuses on whether the employer had a fair reason and followed a fair process. Wrongful dismissal concerns contractual notice and termination payments. Constructive dismissal usually requires careful analysis of the employer’s breach and the timing of your resignation.
We will assess the facts, identify the strongest legal route and advise on prospects, value, risk and evidence. Where you are still employed but considering resignation, early advice is particularly important because resigning too soon, too late or without setting out the position may affect the claim.
Remedy and settlement
The value of a dismissal claim may include loss of earnings, notice pay, benefits, pension loss and, in some cases, injury to feelings or other awards where discrimination or whistleblowing is involved. Mitigation and future employment prospects are also relevant.
We can assist with appeals, ACAS Early Conciliation, schedules of loss, negotiations and tribunal proceedings, while keeping the commercial realities of the case under review.