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Dismissal

Unfair Dismissal

If you feel that you have been dismissed unfairly by your employer, it is important to seek advice and assistance early in the process especially since the deadline for issuing an unfair dismissal claim is very tight. It is 3 months less one day from the effective date of termination. This deadline must be adhered to even if you take the decision to proceed through the internal appeal procedures against the unfair dismissal.

If you were employed on or after 6 April 2012, you will usually need to complete 2 years' service before you can bring a claim for unfair dismissal. If you were employed before 6 April 2012, you will need to complete 1 years' service to bring a claim for unfair dismissal.

It is important to keep all records of conversations, notes of meetings, emails and other documents that might assist you in proving your case including a copy of your contract of employment. Ask your employer for copies of documents to which you would be entitled pursuant to the Data Protection Act 1998 as amended.

Constructive Dismissal

These cases are difficult to succeed on as it is hard to prove that your employer’s actions that led to your resignation were so bad as to enable you to claim constructive dismissal. You must act quickly and seek advice as soon as you have taken the decision to resign or indeed before, if possible.

There are a number of reasons that could lead you to resign and claim constructive dismissal to include a breach of contract by your employer, bullying or harassment or forcing you to accept unreasonable conditions at work. Any claim for constructive dismissal would need to be brought within 3 months less one day from the date you resigned.

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