Dismissal

There are different types of dismissal, summarised as follows:

Unfair dismissal- most employees are protected from being unfairly dismissed and can make a claim to the Employment Tribunal if they are unfairly dismissed.  There are five potentially fair reasons that an employer can rely upon to dismiss an employee.  It is not enough, however, that a dismissal is for a potentially fair reason; a fair and reasonable procedure must also be followed by the employer. 

Wrongful dismissal- this usually refers to situations where an employee is dismissed without being given proper notice. The amount of notice that should be given is usually agreed in the contract of employment but is, in any event, subject to a legal minimum.  An employer does not need to give any notice if the employee is dismissed for gross misconduct (this is because the employee is deemed to have fundamentally destroyed the employment contract by their gross misconduct).

Resignation and Constructive Dismissal- normally if an employee makes the decision to leave then that will be a resignation and not a dismissal. In certain circumstances, however, an employee may decide to leave because of the way that their employer has behaved and, in those circumstances, this may be treated as a dismissal. This is known as constructive dismissal.

Looking for advice with regards to an Employment issue? We offer a free 30 minute face to face meeting at our offices in Frodsham. To arrange your meeting please call 01928 735333 or click here for a call back. Please note we do not offer free employment law consultations over the phone.