The Last Straw Argument
Constructive dismissal is when an employee resigns in response to their employer’s conduct. There are many things which can give rise to a constructive dismissal situation, obvious examples include: Asking employees to do something illegal; Being abusive toward employees; Failing to pay employees on time without good reason. Ultimately, if an employee can prove that […]
Unfair Dismissal Claim Rejected For Arriving A Day Late
An employment tribunal rejected an unfair dismissal claim after it was submitted one day too late. Wendy Suddes was released from her role as the north of England Regional Manager by the British Horse Society. She claims that her dismissal caused her to suffer from stress, which then made it difficult for her to cope […]
Constructive Dismissal Advice Guide for Employers
Constructive Dismissal Constructive dismissal describes when employees resign in response to a serious breach of contract by their employer which undermines the employment relationship. If the employee has sufficient length of service, they can then pursue a claim for unfair dismissal.Claims for constructive dismissal are often hard to win. However, if the employee is successful […]
Wrongful Dismissal
What is a Wrongful Dismissal? A wrongful dismissal occurs when the terms of the employee’s contract are breached in the dismissal process. A wrongful dismissal claim can arise out of an actual or constructive dismissal. The difference between wrongful and unfair dismissal It is important to distinguish between a wrongful dismissal and an unfair dismissal. […]
Dismissing Employees for Theft
While theft is undoubtedly not the type of conduct that an employer should have to tolerate and can attract ‘instant dismissal’, it is essential for employers to understand what ‘instant dismissal’ means. Instant Dismissal, Theft & Legal Obligations First, it is essential to not only understand what sort of evidence you need as an employer […]
Dismissing An Employee Who Is A Trade Unionist
Automatically Unfair? Employers should be aware that any dismissal that relates to an employee taking part in the activities of a trade union, or on the grounds of union-recognition will be automatically unfair. In addition to this, unlike most claims for unfair dismissal, an employee DOES NOT need two years of continuous service to bring […]
Dismissing Employees for Poor Performance
How To Dismiss An Employee For Poor Performance Dismissing employees for poor performance is relatively straightforward for staff that have not been employed continuously for two years or more. If an employee has been employed for longer than that period, an employer must have a ‘potential fair reason’ for dismissing an employee who has been […]
Dismissing An Employee Within 2 Years’ of Service
Is It Safe To Dismiss An Employee With Less Than Two Years Of Service? An employee will need over two years of continuous employment with their employer to bring a claim for unfair dismissal or constructive dismissal. Once over this two-year point, an employee is considered to have ‘full’ employment rights under UK Employment Law. […]
Workplace Grievances
Grievances are an inevitable part of any workplace. Every employee will experience at least one problem in their working life, either an issue with their working conditions or a colleague. Many employees will be unaware of their formal right to raise a grievance to address a problem or complaint they have at work, and the […]
Dismissing an Employee on Probation
Dismissing an Employee during their Probation period Employees can be dismissed while on probation or even after their probation period. Employees do not have the right to bring a claim for unfair dismissal unless they have two years of continuous service (subject to the provisions in the Equality Act 2010). What Purpose Does A Probationary […]