Dismissal: your rights

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Unfair and constructive dismissal

In certain situations, you may be able to take legal action if you바카라 사이트™re dismissed.

Unfair dismissal

Your dismissal could be unfair if your employer does not:

  • have a good reason for dismissing you
  • follow the company바카라 사이트™s formal disciplinary or dismissal process (or the statutory minimum dismissal procedure in Northern Ireland)

Situations when your dismissal is likely to be unfair include if you:

  • asked for flexible working
  • refused to give up your working time rights - for example, to take rest breaks
  • resigned and gave the correct notice period
  • joined a trade union
  • took part in legal industrial action that lasted 12 weeks or less
  • needed time off for jury service
  • applied for maternity, paternity and adoption leave
  • were on any maternity, paternity and adoption leave you바카라 사이트™re entitled to
  • tried to enforce your right to receive Working Tax Credits
  • exposed wrongdoing in the workplace (whistleblowing)
  • were forced to retire (known as 바카라 사이트˜compulsory retirement바카라 사이트™)

Compulsory retirement is not allowed unless your employer can objectively justify it, but you can challenge it at an employment tribunal.

Constructive dismissal

Constructive dismissal is when you바카라 사이트™re forced to leave your job against your will because of your employer바카라 사이트™s conduct.

The reasons you leave your job must be serious, for example, they:

  • do not pay you or suddenly demote you for no reason
  • force you to accept unreasonable changes to how you work - for example, tell you to work night shifts when your contract is only for day work
  • let other employees harass or bully you

Your employer바카라 사이트™s breach of contract may be one serious incident or a series of incidents that are serious when taken together.

You should try and sort any issues out by speaking to your employer to solve the dispute.

If you do have a case for constructive dismissal, you should leave your job immediately - your employer may argue that, by staying, you accepted the conduct or treatment.

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