How it works?
When you enter your details, they are sent straight to our partners at National Accident Helpline (a brand of National Accident Law, a firm of personal injury solicitors regulated by the Solicitors Regulation Authority). One of their expert legal service advisers will call you as soon as possible to talk over your claim. There is no obligation to use their services, so don't worry if you change your mind. If National Accident Law feel you have a case, they will pass you on to their expert solicitors. We will receive a marketing fee from National Accident Law for our services.

*Should you decide to go ahead with your claim, you will only be charged if your case is successful. Your solicitor's success fee will be taken from the compensation you are awarded, up to a maximum of 25%. Your solicitor will go over any fees you may be charged before starting your case.

Unfair, Wrongful or Constructive Dismissal

There are two recognised situations in which 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 an experienced personal injury lawyer can likely build a compelling case for compensation in either instance.

Wrongful dismissal involves actually being sacked, whilst constructive dismissal cases occur if your employer has deliberately brought about a situation in which you were 'forced' to resign, as a result of impossible working conditions. Examples include making you work in unsafe conditions, forcing you to work nights when you were contracted for day hours alone, or simply refusing to pay you owed wages.

Call now on 0800 234 6438 or Claim Online

How to prove Unfair/Constructive Dismissal

One of the most surprising problems that can occur when dealing with unfair dismissal law is proving that you were actually an employee in the first place. That may sound odd, but for you to claim you were dismissed unfairly, you have to initially prove you had a contract, either written or verbal, with the employer.

Suitable evidence could take the form of pay slips, and witnesses willing to testify you showed up for work every day, and did certain things which would suggest you were a person employed by the business in question. This can become complicated in cases where a person is legally defined as being self-employed, despite the fact they earned the bulk of their income by working for one particular employer.

Claims can also be complicated for self-employed individuals who were put in touch with employers via a sub-contractor or agency. The fact cases can become problematic in this manner merely underlines the wisdom of retaining the services of an experienced solicitor, such as those provided by Claims4Free.

There are several reasons your termination of employment can be deemed unfair or wrongful. Dismissal rights in the UK ensure that if a person is fired from their job, there must be a "good" reason for this. Furthermore, termination must be conducted in a certain way.

Obviously, defining whether you have been sacked for a "good" reason is something to be debated during the course of your case, and the more information you provide to your solicitor, the better prepared they will be for any assertions your case is unfounded. You may have been dismissed due to an inability to get along with your colleagues, a perception that your work wasn't of a high enough standard, or due to time off resulting from illness. In such cases, the onus will be on the employer to prove your behaviour had an adverse and unreasonable effect upon their business.

Claiming compensation for unfair or constructive dismissal

If you've worked for the company in question for less than 12 months, this may reduce your chances of making a successful claim, but this doesn't preclude making a claim altogether. The right to fair treatment also exists for those who have been employed for only a relatively short period of time. Some of the reasons which might be considered as unfair include sacking an employee for becoming pregnant, refusing to work overtime or join a trade union, taking part in a strike, or for complaining about work practices and/or health and safety issues.

If you feel you have been unfairly dismissed, call free on 0800 234 6438 today. A trained legal adviser will quickly inform you whether or not you appear to have good grounds to seek compensation. If you do, you'll be put in touch with an expert solicitor who'll set about building the strongest possible case on your behalf.

Additionally, the solicitor will work on a no win a fee basis. This means you won't have to pay anything up front, and the decision to seek compensation will be based the fairness of your case alone. If you win your case, most of your legal costs will be covered by the opposing party, and a maximum of 25% of your compensation will be used to pay the rest. Those unlucky enough to lose meanwhile will see the legal costs covered in full by ATE insurance.

Any compensation awarded will be calculated so as to reimburse you, rather than punishing your ex-employer. The amount awarded will cover any financial losses resulting from your unfair dismissal, and the distress and unpleasantness of being treated in an unjust manner will also be considered.

Accident at Work FAQs

Am I eligible for work accident compensation?

Will I lose my job if I make a claim?

I hurt my back lifting at work, can I claim compensation?

How do I know if my employer’s Health and Safety rules are correct?

A machine at work malfunctioned; who is responsible?


View More Accident at Work Questions


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Disclaimer: Although this site is updated as often as possible the information provided may not accurately reflect the current laws, procedures and/or facilities available to you. To ensure that you get the most up to date information make sure you consult an actual injury solicitor before pursuing any action. The articles on this site are for informational purposes only and are not intended to advise any particular action or inaction. Please read our terms of use for more information.

Please note that although your case may be taken on a no win no fee basis, you could be liable for termination fees based on the length of time spent on your claim, or if your solicitor is forced to abandon your case because you do not fully cooperate with them by, for example, providing misleading information to them, not appearing in court when required, or not attending scheduled medical/expert examinations.

Claims4Free is a trading name of Colour Ventures Ltd. Colour Ventures Ltd is regulated by the Financial Conduct Authority in respect of regulated claims management activities. Registration is recorded on the website