When an employee’s contract of employment is terminated an employee may be unfairly dismissed, wrongfully dismissed or constructively dismissed. In each case, they may have a claim.
Unfair dismissal occurs where an employee is dismissed without a fair reason or where due process has not been followed.
Constructive dismissal occurs where an employer’s acts or omissions force an employee to resign for example, where an employee has been subjected to bullying. Whilst the employee may have ‘chosen’ to leave their employment they may still have a claim.
A wrongful dismissal arises where an employee is dismissed in breach of the terms of their contract of employment. Specialist employment solicitors can help employers navigate their way through dismissal procedures to help ensure that costly mistakes are avoided.
INSIGHTS
30-08-2018
COMMENT
Wise employers place strategy above principle for Tribunals