Losing your job is never easy – especially when it feels unjust or mishandled. At Fiona Bruce Solicitors, we often support clients who’ve experienced either unfair or constructive unfair dismissal. Understanding the difference between these two types of claims is the first step in protecting your legal employee rights, and moving forward with confidence.
Unfair Dismissal occurs when your employer terminates your employment without a fair reason, or fails to follow a fair process. You typically need at least two years of continuous service to bring an unfair dismissal claim, unless your dismissal is automatically unfair – for example, if it relates to whistleblowing, asserting statutory rights, or pregnancy.
What Is the Difference Between Unfair and Constructive Dismissal?
A dismissal may be considered fair if it’s for a legitimate reason, such as misconduct, poor performance, redundancy, or breach of a statutory restriction. However, even a valid reason can lead to an unfair dismissal claim if your employer didn’t handle the situation appropriately – for example, failing to carry out a proper disciplinary or consultation process.
Constructive Unfair Dismissal happens when you resign from your job because your employer’s behaviour made your position untenable. This could be due to ongoing bullying, a serious breach of contract (such as unpaid wages), sudden demotion, or a toxic working environment. In legal terms, your resignation is treated as a dismissal – because your employer’s actions forced your hand.
What You Need to Prove in a Constructive Dismissal Claim
To succeed in a constructive dismissal claim, you must show:
- – A fundamental breach of contract by your employer;
- – That you resigned in direct response to that breach; and
- – That you did not delay unreasonably before resigning.
These cases can be more complex than standard unfair dismissal claims, and timing is critical. It’s essential to seek legal advice before handing in your notice, if possible.
In both unfair and constructive dismissal cases, there is a strict three-month less one day time limit from the date of termination (or resignation) to start a claim with ACAS for Early Conciliation before proceeding to an Employment Tribunal.
Get Expert Employment Law Advice from Fiona Bruce Solicitors
At Fiona Bruce Solicitors, we offer clear, practical legal support to help you understand your rights, assess the strength of your case, and pursue a fair outcome. Whether you’ve been let go, feel you’ve been forced to leave, or if you are an employer concerned about your responsibilities, or any other aspect of Employment Law, contact Rebecca Hall, to arrange an appointment with Tim Grainger, Partner and Head of our Employment Law Department enquiries@fionabruce.co.uk or 01925 263273.
The contents of this post do not constitute legal advice and are provided for general information purposes only ■
