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Termination of employment, wrongful dismissal, unfair dismissal, constructive dismissal, compromise/settlement agreements and redundancy.

There are five fair reasons for terminating employment enshrined in law:

• Capability

• Conduct

• Redundancy

• Contravention of a statute

• Some other substantial reason.

Employees with two years or more continuous service can pursue a complaint of unfair dismissal. A dismissal will generally be unfair if:

• One of the five fair reasons for dismissal do not apply

• Your employer has failed to follow a fair process

• It is not reasonable for you to have been dismissed in the circumstances.

Automatic unfair dismissal

Dismissal on certain grounds, for example due to exercising a statutory right, such as to payslips, or leave, whistle-blowing, or because maternity leave is deemed automatically unfair and a complaint can be brought regardless of length of service.

Unfair dismissal

An employer may act in a way that fundamentally breaches your contract of employment, leaving you with no choice but to resign in response. In such circumstances you may have a complaint of constructive unfair dismissal.

Unlike an ‘ordinary’ unfair dismissal the burden is on the employee to demonstrate the breach of contract. As such, it is a good idea to seek advice before resigning.

OUR OFFER

If you feel you have been unfairly dismissed, or that your employer has left you with no choice other than to resign, then our solicitors can provide you with advice on all of your options.