Constructive & Unfair Dismissal | Aberdein Considine Legal

Legal experts on constructive & unfair dismissal

Constructive & Unfair Dismissal

In certain situations, you may be able to take legal action if you’re dismissed.

Our specialist employment lawyers are here to help and provide a quick and effective initial assessment on a range of employment disputes.

A consultation with one of our experts will help you understand your legal options and what steps you can take.

Unfair dismissal

Your dismissal could be unfair if your employer does not:

  • have a legally acceptable, 'fair' reason for dismissing you, and/or
  • follow a reasonable termination process.

Situations where your dismissal may be unfair include if you:

  • asked for flexible working
  • refused to give up your working time rights - for example, to take rest breaks
  • joined a trade union
  • took part in legal industrial action that lasted 12 weeks or less
  • needed time off for jury service
  • applied for maternity, paternity or adoption leave
  • were on any maternity, paternity or adoption leave you’re entitled to
  • exposed wrongdoing in the workplace (whistleblowing); or
  • were forced to retire (known as ‘compulsory retirement’)

Constructive Dismissal

Constructive dismissal is where you feel compelled to leave your job because of your employer's conduct, which must amount to a fundamental breach of your contract.

The reasons you leave your job must be serious, for example, they:

  • suddenly demote you for no reason
  • force you to accept unreasonable changes to how you work without adequate consultation with you - for example, tell you to work night shifts when your contract is only for day work
  • fail to take appropriate steps to protect you from bullying and harassment in the workplace.

Your employer’s breach of contract may be one serious incident or a series of incidents that are serious when taken together.

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