When staff are dismissed it must be done fairly. There are four types of dismissal:
- Fair dismissal
- Unfair dismissal
- Constructive dismissal
- Wrongful dismissal
A dismissal is fair or unfair depending on the employer’s reason for doing it, and how they acted during the dismissal process.
Constructive dismissal occurs when an employee resigns because the employer has fundamentally breached their employment contract or created such an intolerable working environment it is impossible for them to stay (for example, by cutting their salary without their agreement or allowing them to be victimised or bullied at work ).
Wrongful dismissal occurs when an employer breaks the terms of an employee’s contract in the dismissal process (for example, dismissing them without giving them proper notice).
If an employee thinks they have been dismissed unfairly, constructively or wrongfully, they might take their dispute to an employment tribunal.
How can we help?
We can provide clear legal and commercial-focused advice to ensure the process of dismissing a member of staff is handled in the best interests of the business.
We can act either on a “pay as you go basis” or a fixed fee retainer basis under our Bulldog HR scheme.