Unfair, Wrongful or Constructive Dismissal

There are two recognized situations where you may pursue a claim against your employer regarding your loss of employment. Unfair, (or wrongful), dismissal and constructive dismissal. Both are considered equally viable complaints and despite the overwhelming notions that such are hard to prove, a solicitor that actually knows the case law well should have no problem making the correct lines of enquiry.

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One of the most underestimated problems that can occur with unfair dismissal law is proving that you were actually an employee. That may sound strange but for you to claim that you were dismissed unfairly you have to prove that you had a contract, either written or verbal, with the employer. Such can be implied with things like pay slips and witnesses to the fact that you showed up for work every day and did certain things that would suggest that you were an employed person by that particular employer. Such issues can occur with people who are legally defined as self-employed even though their main source of income is one company or individual. Other issues might be where you have been provided to the company by a subcontractor or agency even though you may have been working for the firm that dismissed you for years. Proving that you were employed is simple should such be the case but be sure that you explain the circumstances of your employment to your solicitor early in the case to be sure.

There are several reasons your termination of employment can be deemed un-fair or wrongful. Dismissal rights in the UK ensure that if a person is to be fired from their job there must be a "good" reason and it must be done in a certain way. Obviously defining whether you have been sacked for a good reason is something to be debated during the case investigation but obviously if you have been continually missing work without proper cause, you have stolen or been otherwise dishonest or should there be evidence of alcohol or drug abuse then your employer has every right to sack you. More in depth reasons where you might feel you should not have been sacked but your employer does is when you are fired for things like not getting along with your work colleagues, your standard of work is not up the standard the employer wants or you have a long-term illness that is preventing you from doing the level of work needed. Such things are opinionated but in most cases it will be your employer who will have to prove that such was interfering with his business. A common misconception is that an employer cannot fire you whilst you are actually off sick, they can, but they have to have allowed reasonable time for recovery and if your job is something that cannot tolerate periods of absence then the employer cannot be held responsible for protecting his business.
Generally speaking unfair dismissal claims will not be easy to win if you have not worked for the company you are suing for more than 12 months. But this does not automatically preclude you from making a claim. There are many reasons employee dismissal is considered unfair even if you have worked there under 12 months, such as being sacked for becoming pregnant, refusing to work overtime, refusing to join a trade union, taking part in a strike or for complaining about your work practices and/or health and safety at work.
Expert unfair dismissal solicitors will normally be able to tell you within the first conversation whether you actually have a case or not. Should there be a strong premise for a wrongful dismisal case to proceed then you should be offered a no win no fee agreement for that solicitor to pursue for unfair dismissal compensation on your behalf. Most lawyers and their firms will offer such even in the more complicated cases but make sure that you don't just jump on board with the first lawyer to offer you a freebie, these cases hinge on the presentation and investigation of the case so a good, experienced firm is paramount. Employment law for unfair dismissal cases is not complex so judge "experience" based on previous cases carried out by the law firm rather than the amount of legal jargon thrown at you during the discussion.

Compensation for constructive dismissal is awarded in the same way but the structure of the case is slightly different. A constructive dismissal claim is pursued when the employer did not actually fire you but made it "impossible" for you to continue working in your job and "forcing" you to resign. Employment law for constructive dismissal is just as plain and there are general standards applied for the most part. The easier ones to prove are things like making you work in unsafe conditions or breaches of your contract such as making you work nights when you were contracted for day work or simply refusing to pay you. A little harder to establish are things like bullying, harassment or actual violence toward you at work which will rely most likely on testimony from your co-workers.

Compensation for unfair dismissal, like constructive dismissal compensation, is not to punish your employer but to reimburse you. In the UK you will receive an amount to try and rectify the loss to you personally, this will include any financial hardships you incurred due to the loss of your job.

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